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

6U. Establishment of Industry Schemes Committee
(1) There is established for the purposes of this Ordinance a committee called in English the “MPF Industry Schemes Committee” and in Chinese “強制性公積金行業計劃委員會”.
(2) The Industry Schemes Committee is to consist of the following members—
(a) a chairperson;
(b) at least 1, but no more than 2, representatives of the approved trustee of each industry scheme nominated by that trustee;
(c) an executive director of the Authority designated by the Authority;
(d) not fewer than 6 other persons.
(3) The members (other than the member referred to in subsection (2)(c)) are to be appointed by the Financial Secretary.
(4) The Financial Secretary must consult with the Authority before appointing the members referred to in subsection (2)(a) and (d).
(5) In appointing the persons referred to in subsection (2)(d), the Financial Secretary must ensure that included among those persons are—
(a) one or more persons who, in the Financial Secretary’s opinion, represent the interests of participating employers; and
(b) one or more persons who, in the Financial Secretary’s opinion, represent the interests of relevant employees,

and that the number of persons appointed to represent the interests of relevant employees is equal to the number of persons appointed to represent the interests of participating employers.
(6) The Authority must publish in the Gazette a notice of the appointment of members of the Industry Schemes Committee.
(7) The appointed members hold office for such periods, and on such terms, as the Financial Secretary may specify in the documents by which they are appointed.
(8) The Financial Secretary may, at any time, remove an appointed member from office by notice given to the member in writing.
(9) An appointed member may, at any time, resign from membership of the Industry Schemes Committee by notice in writing given to the Financial Secretary.
(Added 4 of 1998 s. 2)

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

6V. Meetings of Industry Schemes Committee
(1) The procedure for convening meetings of the Industry Schemes Committee and for conducting business at those meetings is, subject to this section, to be as determined by that Committee. The chairperson is to convene the first meeting of the Committee.
(2) The quorum for a meeting of the Industry Schemes Committee is a majority of the members and must include—
(a) for each industry scheme, at least 1 of the members referred to in section 6U(2)(b); and
(b) the member referred to in section 6U(2)(c).
(3) A meeting of the Industry Schemes Committee is to be presided over by—
(a) the chairperson; and
(b) in the absence of the chairperson, a member elected by the members present at the meeting.
(Added 4 of 1998 s. 2)

6W. Functions of Industry Schemes Committee
(1) The functions of the Industry Schemes Committee are as follows—
(a) to make recommendations to the Authority as to a matter relating to the operation of industry schemes generally or to the operation of any particular industry scheme; 
(b) to examine reports provided by the Authority and by approved trustees of industry schemes to ascertain whether or not those trustees are complying with the requirements and standards that apply to industry schemes;
(c) to determine whether or not the provisions of this Ordinance that apply to industry schemes in particular are effective and, if they are found to be ineffective, to advise the Authority as to the measures that need to be taken to render them effective;
(d) to advise the Authority as to ways in which the administration or operation of industry schemes could be improved;
(e) to advise the Authority as to ways in which the interests of members of industry schemes could be protected or better protected.
(2) The Industry Schemes Committee has such ancillary powers as may be necessary to enable it to exercise its functions.
(3) The Industry Schemes Committee may exercise its functions at the request of the Authority or, with the approval of the Financial Secretary, on its own initiative.
(Added 4 of 1998 s. 2)

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

7. Employer to arrange for employees to become scheme members, etc.
(1) Every employer of a relevant employee must take all practicable steps to ensure that the employee becomes a member of a registered scheme within the permitted period after the relevant time.
(1A) Every employer of a relevant employee must take all practicable steps to ensure that, after the expiration of the permitted period—
(a) if the employer has complied with subsection (1) in respect of the employee, the employee continues to be a member of a registered scheme throughout his employment with that employer;
(b) if the employer has not complied with subsection (1) in respect of the employee, the employee becomes a member of a registered scheme and thereafter continues to be a member of a registered scheme throughout his employment with that employer. (Added 29 of 2002 s. 3)
(2) Nothing in this section prevents an employer of 2 or more relevant employees from procuring for those employees membership in different registered schemes.
(3) For the purposes of subsection (1)—
(a) the permitted period is the period specified by the Authority by notice published in the Gazette for the purposes of this section; and
(b) the relevant time is—
(i) in the case of an employer who is employing a relevant employee at the commencement* of this section, the time of that commencement; and
(ii) in the case of an employer who enters into a contract of employment with a relevant employee after that commencement, the beginning of the date on which the employment begins. (Amended 2 of 2002 s. 6)
(Replaced 4 of 1998 s. 2)

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

7AC. Authority to pay contributions received under section 7AA to approved trustee
The Authority must pay any contribution that is paid to it in respect of a relevant employee under section 7AA—
(a) where the employee is still employed by the employer concerned at the time the Authority makes payment—
(i) to the approved trustee of the registered scheme nominated by the employer for this purpose; or
(ii) if the employer has not nominated a registered scheme, to the approved trustee of the registered scheme nominated by the employee for this purpose; or
(iii) if neither the employer nor the employee has nominated a registered scheme, to the approved trustee of a registered scheme that the Authority considers appropriate; or
(b) where the employee has ceased to be employed by the employer concerned at the time the Authority makes payment—
(i) to the approved trustee of the registered scheme nominated by the employee for this purpose; or
(ii) if the employee has not nominated a registered scheme, to the approved trustee of a registered scheme that the Authority considers appropriate.
(Added 18 of 2008 s. 5)