### Crimes (Torture) Ordinance 《刑事罪行(酷刑)條例》

3. Torture
(1) A public official or person acting in an official capacity, whatever the official’s or the person’s nationality or citizenship, commits the offence of torture if in Hong Kong or elsewhere the official or the person intentionally inflicts severe pain or suffering on another in the performance or purported performance of his or her official duties.
(2) A person not falling within subsection (1), whatever the person’s nationality or citizenship, commits the offence of torture if— (Amended L.N. 28 of 2013)
(a) in Hong Kong or elsewhere the person intentionally inflicts severe pain or suffering on another at the instigation or with the consent or acquiescence of— (Amended L.N. 28 of 2013)
(i) a public official; or
(ii) any other person acting in an official capacity; and
(b) the official or other person is performing or purporting to perform his or her official duties when he or she instigates the commission of the offence or consents to or acquiesces in it.
(3) For the purposes of this Ordinance, it is immaterial whether pain or suffering is physical or mental and whether it is caused by an act or an omission.
(4) It is a defence for a person charged with an offence under this section in respect of any conduct of the person to prove that the person had lawful authority, justification or excuse for that conduct.
(5) For the purposes of this section lawful authority, justification or excuse (合法權限、理由或解釋) means—
(a) in relation to pain or suffering inflicted in Hong Kong, lawful authority, justification or excuse under the law of Hong Kong;
(b) in relation to pain or suffering inflicted outside Hong Kong—
(i) if it was inflicted by a public official acting under the law of Hong Kong or by a person acting in an official capacity under that law, lawful authority, justification or excuse under that law;
(ii) in any other case an authority, justification or excuse which is lawful under the law of the place where it is inflicted.

(6) A person who commits the offence of torture is liable on conviction on indictment to imprisonment for life.
(Amended L.N. 28 of 2013)

4. Secretary for Justice’s consent required for prosecutions under section 3
Proceedings for an offence under section 3 must not be instituted except with the consent of the Secretary for Justice.
(Amended L.N. 362 of 1997; L.N. 28 of 2013)

8. Amendment of Schedule
The Chief Executive in Council may by order amend the Schedule.
(Amended 13 of 1999 s. 3)

9. (Omitted as spent—E.R. 2 of 2014)

### Occupational Retirement Schemes Ordinance 《職業退休計劃條例》

1. Short title
(Amended E.R. 5 of 2021)(1) This Ordinance may be cited as the Occupational Retirement Schemes Ordinance.
(2)-(4) (Omitted as spent—E.R. 2 of 2014)

### Occupational Retirement Schemes Ordinance 《職業退休計劃條例》

2A. Meaning of eligible person
(1) An eligible person, in relation to an occupational retirement scheme, is an individual who is entitled or prospectively entitled to benefits under the scheme by virtue of—
(a) the individual’s employment (whether past or present) by the relevant employer of the scheme; or
(b) an agreement (transfer agreement

2B. Interpretation of employment
(1) This section applies for the purposes of the definition of occupational retirement scheme

### Occupational Retirement Schemes Ordinance 《職業退休計劃條例》

4. Saving of rights, etc. under unregistered schemes
An occupational retirement scheme which is not registered under this Ordinance shall not be void or voidable solely by reason of the non-registration, and accordingly the rights, powers, obligations and liabilities under the scheme shall not be invalid or unenforceable solely by reason of the non-registration.

5. Registrar of Occupational Retirement Schemes
(1) The Mandatory Provident Fund Schemes Authority is the Registrar of Occupational Retirement Schemes and has the functions imposed or conferred on the Registrar by this Ordinance or any other law.
(2) The Authority is required to have a seal, which is to be used to authenticate documents issued by it under this Ordinance in its capacity as Registrar.
(3) The Authority must arrange for all amounts paid to, or recovered by, it under this Ordinance in its capacity as Registrar to be paid into the MPFA Administration Account established and maintained under section 6M of the Mandatory Provident Fund Schemes Ordinance (Cap. 485).
(Replaced 4 of 1998 s. 4)

6. The register
(1) The Registrar shall keep a register of occupational retirement schemes registered or exempted under this Ordinance.
(2) The register shall contain such particulars as the Registrar considers appropriate.
(2A) The Registrar may amend the register as he considers appropriate in circumstances that justify a change in the register. (Added 53 of 1995 s. 4)
(3) The register may be kept in legible or non-legible form but if kept in non-legible form, it shall be kept in a manner that any entry in the register is capable of being reproduced in legible form.
(4) The register shall be kept at such place as the Registrar shall determine and shall be available for inspection during office hours on payment to the Registrar of a prescribed fee.
(5) Where a person applies to the Registrar for a copy of an entry in the register certified by the Registrar as correct, such copy shall be issued to the applicant on payment by him of a prescribed fee.
(6) A document purporting to be a copy of an entry in the register and to be certified by the Registrar as a correct copy and to be signed by him shall, unless the contrary is proved, be evidence of the entry and shall be received in evidence without further proof as to the contents of the document and the signature thereon.

### Occupational Retirement Schemes Ordinance 《職業退休計劃條例》

6A. Registrar may issue guidelines
(1) The Registrar may issue guidelines for the guidance of administrators, relevant employers and their employees, and other persons concerned with this Ordinance.
(2) A guideline—
(a) may consist of a code, standard, specification or provision relating to occupational retirement schemes or a class of such schemes; and
(b) may apply, incorporate or refer to any document that has been published, either as in force at the time when the guideline is issued, or as amended or published from time to time.
(3) A guideline may specify information or documents required to be provided to the Registrar.
(4) The information or documents specified under subsection (3) must be of a kind that the Registrar reasonably requires for the performance of the Registrar’s functions under this Ordinance.
(5) Subsection (3) has effect whether or not rules are made under section 73 requiring the provision of information or documents.
(6) The Registrar may amend or revoke a guideline.
(7) The Registrar must publish a guideline, or any amendment or revocation of it, in a way the Registrar considers appropriate.
(8) A person does not incur a civil or criminal liability only because the person has contravened a guideline.
(9) However, if in any legal proceedings the court is satisfied that a guideline is relevant to determining a matter that is in issue in the proceedings—
(a) the guideline is admissible in evidence in the proceedings; and
(b) proof that the person contravened or did not contravene the guideline may be relied on by any party to the proceedings as tending to establish or negate the matter.
(10) In any legal proceedings, a document that purports to be a copy of a guideline is, in the absence of evidence to the contrary, to be presumed to be a true copy of the guideline.
(11) To avoid doubt, the power under subsection (1) is in addition to, and not in derogation of, any other power of the Registrar to give or issue guidelines under any other provision of this Ordinance.
(12) A guideline issued under this section is not subsidiary legislation.
(Added 9 of 2020 s. 6)