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

19E. Authority may recover special contributions that should not have been paid
(1) If the Authority reasonably believes that a special contribution should not have been paid into an account of a member of a registered scheme, the Authority may by a notice in writing specify that account and direct an approved trustee of the scheme to—
(a) withdraw from the specified account a sum equal to the special contribution or the accrued benefits derived from the special contribution, whichever is the less, and pay it to the Authority, in the manner specified in the notice; and
(b) notify the member of the withdrawal.
(2) If the accrued benefits derived from the special contribution have been transferred to another account in the scheme or to an account in another registered scheme, the Authority may by a notice in writing specify that account and direct an approved trustee of the scheme or that other scheme to—
(a) withdraw from the specified account a sum equal to the special contribution or the accrued benefits, whichever is the less, and pay it to the Authority, in the manner specified in the notice; and
(b) notify the member of the withdrawal.
(3) The Authority may specify in the notice—
(a) a period that is reasonable in the circumstances within which the approved trustee must withdraw the sum from the specified account and pay it to the Authority; and
(b) a period that is reasonable in the circumstances within which the approved trustee must notify the member of the withdrawal.
(4) The approved trustee must—
(a) after receiving the Authority’s notice, withdraw the sum from the specified account, and pay it to the Authority, in the specified manner within the period specified under subsection (3)(a); and
(b) after withdrawing the sum from the specified account, by a notice in writing notify the member of the withdrawal within the period specified under subsection (3)(b).
(5) A direction under subsection (1) or (2) may only be given in respect of a special contribution within 6 months after the special contribution is paid into an account of a member of a registered scheme.

19F. Vesting of special contributions
Subject to section 19E—
(a) a special contribution paid by the Authority in respect of a member of a registered scheme vests in the member as accrued benefits as soon as it is paid to an approved trustee of the scheme; and
(b) the provisions of this Ordinance apply to accrued benefits derived from a special contribution in the same way they apply to accrued benefits derived from a mandatory contribution paid under section 7A(1)(b) or (2)(b) or 7C.

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

19G. Liability to pay other contributions
(1) A special contribution paid under this Part does not extinguish or reduce the liability of any person to pay any other contributions under—
(a) this Ordinance;
(b) the governing rules of a registered scheme; or
(c) the instrument (however described) that governs a relevant scheme.
(2) In this section—
relevant scheme (有關計劃) has the same meaning as in Schedule 2 to the Mandatory Provident Fund Schemes (Exemption) Regulation (Cap. 485 sub. leg. B).

19H. Part 3A prevails over any instruments applicable to registered schemes
(Amended E.R. 1 of 2013)(1) If there is any conflict or inconsistency between the provisions of this Part and the provisions of a specified instrument applicable to a registered scheme, the provisions of this Part prevail over the provisions of the instrument to the extent of the conflict or inconsistency.
(2) In this section—

specified instrument (指明文書) means—
(a) any governing rules;
(b) any participation agreement within the meaning of the Mandatory Provident Fund Schemes (General) Regulation (Cap. 485 sub. leg. A); or
(c) any articles within the meaning of the Companies Ordinance (Cap. 622). (Amended 28 of 2012 ss. 912 & 920)

19I. Designation of electronic MPF system by Secretary
(1) The Secretary may, by notice published in the Gazette, designate an electronic system administered and operated by a specified entity—
(a) to provide any services and facilities to facilitate approved trustees of registered schemes in performing their scheme administration functions; and
(b) to perform any other functions specified in Schedule 12.
(2) The specified entity that administers and operates an electronic system designated under subsection (1) is the system operator of the system.
(3) An electronic system designated under subsection (1) is to be administered and operated subject to conditions the Secretary imposes with respect to the administration and operation of the system.
(4) As soon as practicable after a notice is published under subsection (1), the Authority must publish information about the designation, including the conditions imposed by the Secretary (if any), in the way the Authority considers appropriate.

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

19J. Suspension of electronic MPF system on direction of Authority
(1) If the Authority reasonably considers it necessary to do so, the Authority may in writing direct the system operator of an electronic MPF system to suspend (in accordance with the direction) the system or any part of it from being operated or used for any purpose relating to the designation under section 19I(1).
(2) The system operator must comply with the direction given under this section by the Authority.
(3) A suspension under this section—
(a) may take effect in relation to a person who uses, or who is required under section 19M to use, the electronic MPF system;
(b) may take effect—
(i) for a period, or until the occurrence of an event, determined by the Authority; or
(ii) until further notice by the Authority; and
(c) may take effect subject to any condition the Authority considers appropriate.
(4) Information about the suspension—
(a) must be published by the Authority or the system operator, or both, as soon as practicable after a direction is given under subsection (1) to the system operator; and
(b) must be published in the way the Authority considers appropriate.

19K. General duties of system operator
(1) The system operator of an electronic MPF system must—
(a) administer and operate the system in a proper manner; and
(b) provide scheme administration services to facilitate approved trustees of registered schemes in performing their scheme administration functions.
(2) The system operator must ensure that—
(a) there are in place rules, made by the system operator and approved by the Authority, governing the administration and operation of the electronic MPF system and a suspension of the system under section 19L(1)(a) or (b) (operating rules

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

19L. Powers of system operator
(1) The system operator of an electronic MPF system may exercise one or more of the following powers—
(a) suspend the operation or use of the electronic MPF system (or any part of it) for scheduled maintenance;
(b) suspend the operation or use of the electronic MPF system (or any part of it) because of unforeseen circumstances;
(c) employ or engage any person to assist the system operator in performing the operator’s functions;
(d) charge any fee for providing any service or facility under this Ordinance or any other enactment in relation to the electronic MPF system, and seek reimbursement from any person who uses the service or facility;
(e) do anything that is necessary for or expedient to the performance of any of the functions of the system operator.
(2) The power under subsection (1)(a) may not be exercised unless information about the suspension is published by the system operator in accordance with the operating rules before the suspension.
(3) If a suspension is made under subsection (1)(b), the system operator must publish information about the suspension in accordance with the operating rules.
(4) A suspension under subsection (1)(a) or (b) must be made in accordance with the operating rules.