### Mandatory Provident Fund Schemes Ordinance 《強制性公積金計劃條例》

19ZA. Approved trustee’s duty to pay excess into relevant constituent fund
(1) This section applies to a constituent fund of a registered scheme to which section 19Z applies if, in relation to a prescribed period to which the constituent fund relates, the FER for the relevant corresponding period of the constituent fund exceeds the permitted percentage (as defined by section 19Z(4)).
(2) Within 10 specified working days after the deadline, the approved trustee of the registered scheme must pay the amount calculated in accordance with Schedule 16 (determined amount

19ZB. Power of Authority to determine relevant rate of administration fee for constituent fund
(1) Subject to subsection (2), the Authority may determine, in the way the Authority considers appropriate, the relevant rate of administration fee for a constituent fund of a registered scheme.
(2) The Authority may exercise the power mentioned in subsection (1) in relation to a constituent fund of a registered scheme, if the Authority is satisfied that—
(a) for the purpose of determining the relevant rate of administration fee under Schedule 14 for the constituent fund, the annual rate of the administration fee (or equivalent) of the constituent fund is not readily ascertainable by reference to the offering document of the registered scheme; and
(b) the exercise of the power is justified.
(3) In determining the relevant rate of administration fee for a constituent fund of a registered scheme under this section, regard must be had to the guidelines.

19ZC. Power of Authority to require approved trustee to determine FER for specified period of constituent fund
(1) This section applies to a constituent fund of a registered scheme in relation to a financial period of the registered scheme.
(2) If the Authority reasonably considers it necessary to do so, the Authority may require, by written notice, the approved trustee of the registered scheme to determine the FER for the corresponding period, or the part of the corresponding period, of a constituent fund of the registered scheme that coincides with the financial period of the scheme.
(3) The approved trustee of the registered scheme must, before the end of the 6-month period after the date of the notice given to the approved trustee under subsection (2)—
(a) determine, in accordance with Schedule 13, the FER for the period specified in the notice (specified period

19ZD. Authority’s duties to publish specified information and general fee level charged by system operator
(1) As soon as practicable after having received any specified information in relation to a constituent fund of a registered scheme from the approved trustee of the registered scheme, the Authority must publish, in the manner the Authority considers appropriate, the information.
(2) The Authority is not required to comply with subsection (1) in relation to the information described in paragraph (b) of the definition of specified information

### Mandatory Provident Fund Schemes Ordinance 《強制性公積金計劃條例》

19ZE. Power of Secretary to appoint days for purposes of sections 19U, 19Y and 19Z
(1) The Secretary may, by notice published in the Gazette, appoint a day for the purposes of paragraph (a) of the definition of material day

19ZF. Power of Secretary to amend Schedules
The Secretary may, by notice published in the Gazette, amend Schedules 12, 13, 14, 15 and 16.

19ZG. System operator to provide administrative support to Authority
(1) If the Authority so requires, the system operator of an electronic MPF system must provide administrative support to the Authority to assist the Authority in performing the Authority’s functions.
(2) The Authority may pay to the system operator an amount that, in the Authority’s opinion, represents the expenditure or cost incurred, or likely to be incurred, by the system operator in providing the administrative support.
(3) A payment under subsection (2) is to be paid from the MPFA Administration Account under section 6M.

19ZH. Mandatory use of electronic MPF system etc. does not prevent approved trustees from seeking remedies from system operator
The use by the approved trustee of a registered scheme of the electronic MPF system, or the scheme administration services provided by the system operator of the system, because of section 19M does not prevent the trustee from seeking any reasonable remedies from the system operator in respect of any liability of the trustee that is attributable to the system operator.

### Mandatory Provident Fund Schemes Ordinance 《強制性公積金計劃條例》

20A. Suspension of approval of approved trustee
(1) The Authority may suspend the approval of an approved trustee if it reasonably suspects that—
(a) the trustee has failed to comply with a condition to which the approval is subject; or
(b) the trustee is for any reason unable to carry out any of the duties of an approved trustee in relation to a registered scheme; or
(c) if the regulations specify requirements that are to be complied with as to the financial resources (including capital adequacy) or the qualifications of approved trustees, the trustee is not, or is no longer, able to satisfy those requirements; or
(d) the trustee has failed to comply with section 22; or (Amended 18 of 2008 s. 27)
(e) the trustee has failed to comply with section 42B(6) or (7) of the Mandatory Provident Fund Schemes (General) Regulation (Cap. 485 sub. leg. A). (Added 18 of 2008 s. 27)
(2) The Authority must not, unless it appears to it that the interests of scheme members would otherwise be detrimentally affected, suspend the approval of an approved trustee without giving the trustee an opportunity to make representations (either orally or in writing or both) as to why the approval should not be suspended.
(3) If the Authority suspends the approval of an approved trustee, it must give written notice of the suspension to the trustee and must include in the notice a statement setting out the reasons for the suspension.
(4) A suspension of the approval of an approved trustee takes effect from the date specified in the notice given under subsection (3) or, if a later date is specified, from that date, irrespective of whether or not the trustee appeals against the suspension under Part 5.
(Added 4 of 1998 s. 2. Amended E.R. 1 of 2013)

### Mandatory Provident Fund Schemes Ordinance 《強制性公積金計劃條例》

20C. Register of approved trustees to be kept
(1) The Authority must establish and maintain a register of trustees approved under section 20. The register may be in such form, and contain such information, as the Authority may determine.
(2) The register is to be kept at the head office of the Authority in Hong Kong.
(3) Members of the public are entitled, without charge, to inspect the register during the ordinary business hours of the Authority.
(Added 4 of 1998 s. 2)

### Mandatory Provident Fund Schemes Ordinance 《強制性公積金計劃條例》

21BA. Constituent funds of registered schemes to be approved
(1) An approved trustee of a registered scheme must, before making a constituent fund available in the scheme for investment by scheme members, ensure that the fund has been approved by the Authority.
(2) An approved trustee who, without reasonable excuse, fails to comply with subsection (1) commits an offence and is liable—
(a) on conviction on indictment to a fine of $5,000,000 and to imprisonment for 7 years and, in the case of a continuing offence, to a further fine of $100,000 for each day on which the offence is continued; or
(b) on summary conviction to a fine of $500,000 and to imprisonment for 2 years and, in the case of a continuing offence, to a further fine of $10,000 for each day on which the offence is continued.
(Added 1 of 2015 s. 7)