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

6. Establishment of Mandatory Provident Fund Schemes Authority
(1) There is established by this section a corporation with the corporate name of “Mandatory Provident Fund Schemes Authority”.
(2) The Authority—
(a) has perpetual succession; and
(b) may take legal proceedings and be proceeded against in its corporate name; and
(c) may, for the purpose of enabling it to exercise or perform its functions—
(i) acquire, hold and dispose of real and personal property; and
(ii) enter into and carry out, any agreement with the Government for the management and control by the Authority of any property held, or managed and controlled, by the Government; and
(iii) enter into and carry out, any agreement with the Government for the employment by, or the secondment to, the Authority of any specified public officers or specified class of public officers; and
(iv) enter into, carry out, assign or accept the assignment of, vary or rescind, any contract, agreement or other obligation; and
(v) receive and expend monies; and (Added 16 of 2020 s. 4)
(ca) may, for the purpose of enabling a specified entity to perform any of its functions under section 6EA—
(i) receive monies from or on behalf of a specified entity; and
(ii) provide monies to, or hold or expend monies for, the entity; and (Added 40 of 2021 s. 4)
(d) may do, and be subject to, all other things that bodies corporate may do and be subject to and that are necessary for, or are incidental to, the exercise of its functions.
(3) The Authority is required to have a seal.
(4) The receipts of the Authority, and those of its wholly owned subsidiaries, are not subject to taxation under the Inland Revenue Ordinance (Cap. 112). (Added 40 of 2021 s. 4)
(Replaced 4 of 1998 s. 2)

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

6A. Membership of Authority
(1) The Authority is to consist of not fewer than 10 directors appointed by the Chief Executive.
(2) Of the directors—
(a) not fewer than 4 are to be executive directors; and
(b) the remainder are to be non-executive directors.
(3) Of the non-executive directors—
(a) at least 1 but no more than 2 are to be persons who, in the opinion of the Chief Executive, represent the interests of participating employers; and
(b) at least 1 but no more than 2 are to be persons who, in the opinion of the Chief Executive, represent the interests of relevant employees.
(4) In appointing the directors, the Chief Executive must ensure that—
(a) a majority of the directors are non-executive directors; and
(b) 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.
(5) A director must exercise a reasonable degree of care and diligence so as to ensure that the Authority exercises and performs its functions properly.
(6) The Authority may exercise or perform any of its functions despite a vacancy in its membership.
(7) Schedule 1A has effect with respect to the directors and procedure of the Authority.
(Added 4 of 1998 s. 2)

6B. Managing Director of Authority
(1) The Chief Executive is to appoint one of the executive directors as the Managing Director of the Authority.
(2) The Managing Director—
(a) is the administrative head of the Authority and is responsible, subject to the direction of the Authority, for administering the affairs of the Authority; and
(b) has, subject to that direction, such other responsibilities as may be assigned by the Authority.
(Added 4 of 1998 s. 2)

6C. Chairperson and deputy chairperson of the Authority
(1) The Chief Executive is to appoint one of the non-executive directors to be the chairperson of the Authority.
(2) The Chief Executive may appoint one of the directors to be the deputy chairperson of the Authority. (Replaced 40 of 2021 s. 5)
(3) A person holding office as chairperson or deputy chairperson of the Authority ceases to hold that office on ceasing to be a director of the Authority. (Amended 40 of 2021 s. 5)
(Added 4 of 1998 s. 2)

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

6D. Authority may establish committees
(1) The Authority may establish committees to give advice and assistance to the Authority in connection with any matter with which the Authority is concerned.
(2) The Authority may appoint any person to be a member of a committee. A member of a committee is not required to be a director of the Authority.
(3) The Authority may, at any time, remove such a member from office by notice in writing given to the member. A member of a committee may, at any time, resign from membership of the committee by giving notice in writing to the Authority.
(4) The procedure for convening meetings of a committee and for the conduct of business at those meetings is to be as determined by the Authority or (subject to any determination of the Authority) by the committee.
(5) In exercising its functions, a committee is required to comply with any direction given by the Authority.
(Added 4 of 1998 s. 2)

6DA. Authority may establish wholly owned subsidiary
The Authority may, with the approval of the Financial Secretary, establish a wholly owned subsidiary for any of the following purposes— (Amended 40 of 2021 s. 6)
(a) facilitating the performance of the Authority’s functions;
(b) administering and operating an electronic system, and providing scheme administration services for approved trustees, for the purposes of Part 3B.
(Added 16 of 2020 s. 5. Amended 40 of 2021 s. 6)