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

19M. Mandatory use of electronic MPF system and scheme administration services provided by system operator
(1) Subject to subsections (2) and (3), the approved trustee of a registered scheme must use the following system and services that are made available to the approved trustee to perform their scheme administration functions—
(a) the electronic MPF system; and
(b) the scheme administration services provided by the system operator of the system.
(2) For a pre-existing scheme, subsection (1)—
(a) begins to apply on the material day to the approved trustee of the scheme with respect to a function of the trustee that is not a specific function; and
(b) begins to apply on the specified day to the approved trustee of the scheme with respect to a specific function of the trustee.
(3) For a newly registered scheme, subsection (1) begins to apply on the specified day to the approved trustee of the scheme with respect to a specific function of the trustee.
(4) In this section—
material day (關鍵日), in relation to a pre-existing scheme, means the day specified under section 19N(1) for the scheme;
newly registered scheme (新註冊計劃) means a scheme that is registered under section 21 or 21A on or after the date on which Schedule 17 takes effect;
pre-existing scheme (既有計劃) means a registered scheme that is not a newly registered scheme;
specific function (特定職能) means a function of the approved trustee of a registered scheme described in section 153 of the Mandatory Provident Fund Schemes (General) Regulation (Cap. 485 sub. leg. A) as in force immediately before the commencement* of this section;
specified day (指明日) means the day on which section 80 of the 2021 Amendment Ordinance comes into operation.

Editorial Note:
* Commencement date: 29 October 2021.

19N. Secretary to specify day on which approved trustee of pre-existing scheme must begin to use electronic MPF system to perform scheme administration functions (other than specific function)
(1) The Secretary may, by notice published in the Gazette, specify a day for a pre-existing scheme for the purposes of section 19M(2)(a).
(2) Different days may be specified under subsection (1) for different pre-existing schemes.

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

19O. Authority’s duty to publish relevant requirement
(1) As soon as practicable after a notice is published in the Gazette under section 19N(1) for a pre-existing scheme, the Authority must publish information about the relevant requirement for the scheme, including the day on which the requirement is to take effect, in the way the Authority considers appropriate.
(2) In this section—
relevant requirement (相關規定), in relation to a pre-existing scheme, means the requirement that the approved trustee of the scheme must comply with section 19M(1) with respect to the scheme administration functions (other than a specific function) of the approved trustee;
specific function (特定職能) has the meaning given by section 19M(4).

19P. What approved trustees should do in relation to implementation of electronic MPF system etc.
(1) An approved trustee of a registered scheme must have in place effective plans, procedures and systems for enabling or facilitating—
(a) the proper and efficient implementation of an electronic MPF system; and
(b) the effective and efficient provision of scheme administration services by the system operator of the system.
(2) The Authority may, by written notice given to an approved trustee of a registered scheme—
(a) require the approved trustee to take any action the Authority considers necessary for any of the purposes mentioned in subsection (1);
(b) require the approved trustee to do either or both of the following—
(i) to take any action the Authority considers necessary for ensuring compliance by the approved trustee with section 19M;
(ii) to comply with section 19M; and
(c) if the system operator of an electronic MPF system has given the approved trustee a notice under section 19R(1), require the approved trustee to do either or both of the following—
(i) to take any action the Authority considers necessary for ensuring compliance by the approved trustee with section 19R(3);
(ii) to comply with section 19R(3).
(3) An approved trustee of a registered scheme must—
(a) take—
(i) actions that are reasonably required for any of the purposes mentioned in subsection (1); and
(ii) other actions required by the Authority under subsection (2)(a);
(b) comply with the requirements imposed on the approved trustee under subsection (2)(b); and
(c) comply with the requirements imposed on the approved trustee under subsection (2)(c).

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

19Q. Notice to be given to certain persons in relation to section 19N notice
(1) As soon as practicable after a section 19N notice is published in the Gazette, the approved trustee concerned must notify in writing each of the persons mentioned in subsection (2) of the following matters—
(a) the publication of the notice;
(b) the date from which the trustee must comply with the requirement under section 19M(1); and
(c) the matters and activities that are to be conducted by the electronic MPF system.
(2) The persons are—
(a) a participating employer of the registered scheme; and
(b) a member of the scheme.

19R. Collection of certain information by system operator
(1) Subject to subsection (2), the system operator of an electronic MPF system may, by written notice given to an approved trustee of a registered scheme, require the approved trustee to provide, in the way specified by the system operator, any information regarding the registered scheme—
(a) that is in the trustee’s possession or under the trustee’s control; and
(b) that is reasonably required by the system operator for performing any of the system operator’s functions under section 19K(1) or 19S.
(2) The system operator must specify in the notice the information that is required to be provided by the approved trustee.
(3) An approved trustee of a registered scheme must comply with a requirement set out in the notice given to the approved trustee under subsection (1) within the period specified in the notice.
(4) The system operator may use the information obtained under this section only for performing the system operator’s functions.