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

2. Interpretation
(1) In this Ordinance, unless the context otherwise requires— (Amended 4 of 1998 s. 2)
2021 Amendment Ordinance (《2021年修訂條例》) means the Mandatory Provident Fund Schemes (Amendment) Ordinance 2021 (40 of 2021); (Added 40 of 2021 s. 3)
accrued benefits (累算權益), in relation to a registered scheme, means the amount of each scheme member’s beneficial interest in the registered scheme at any time, including sums derived from the contributions made by or in respect of that scheme member, together with the income or profits arising from any investments of the contributions, but taking into account any losses in respect of the investments and any amounts paid in respect of the scheme member; (Amended 2 of 2002 s. 2; 1 of 2015 s. 3)
administer (管理) includes manage and maintain; (Added 4 of 1998 s. 2)
Advisory Committee (諮詢委員會) means the Mandatory Provident Fund Schemes Advisory Committee established by section 6R; (Added 4 of 1998 s. 2)
Appeal Board (上訴委員會) means the Mandatory Provident Fund Schemes Appeal Board constituted under section 35;
apprentice (學徒) has the same meaning as in the Apprenticeship Ordinance (Cap. 47);
approved trustee (核准受託人) means a company or a natural person approved by the Authority as a trustee in accordance with section 20 and, when used in relation to a registered scheme that is administered by 2 or more approved trustees, means (except in sections 33 to 33B) the trustees jointly and severally; (Replaced 4 of 1998 s. 2)
arrears (欠款) means a mandatory contribution that is due for payment to the Authority under section 7AE or 18; (Added 1 of 2008 s. 59. Amended 18 of 2008 s. 4)
associate (有聯繫者), in relation to a natural person referred to in paragraph (d) of the definition of controller

3. Application
This Ordinance binds the Government.

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

4. Exemptions
(1) The persons specified in Part 1 of Schedule 1 are exempt from the provisions of this Ordinance to the extent described therein.
(2) The Chief Executive in Council may, from time to time, specify in Part 2 of Schedule 1 the persons or classes of persons who shall be exempt from all or part of the provisions of this Ordinance (as identified or contained in the specification), and may vary, alter or repeal that specification. (Amended 4 of 1998 s. 2)
(3) Subject to subsections (4) and (5) and section 11(1) and (2), any person entering Hong Kong for the purpose of being employed or self-employed— (Amended 2 of 2002 s. 3)
(a) for a limited period only; or
(b) who is a member of a provident, pension, retirement or superannuation scheme (however described) of a place outside Hong Kong,

shall be exempt from the provisions of Part 3. (Amended 16 of 2012 s. 5)
(4) The regulations may make provision for the purposes of this section and may, in particular, specify the circumstances in which the exemption of a person referred to in subsection (3) is to apply. (Replaced 4 of 1998 s. 2)
(5) In this section, limited period (有限期間) means a period determined for the purposes of this section in accordance with the regulations. (Replaced 4 of 1998 s. 2)
(Amended E.R. 1 of 2012; E.R. 1 of 2013)

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

5. Members of certain occupational retirement schemes to be exempted from this Ordinance
(1) The Authority may, by certificate in writing, exempt the members, or a class of members, of an occupational retirement scheme and their employer from the operation of all, or any specified, provisions of this Ordinance and, in so doing, may specify circumstances in which the exemption is or is not to apply.
(2) The Authority may grant an exemption—
(a) either on its own initiative or on the application of the trustee of the occupational retirement scheme concerned or the employer whose employees are members of the scheme; and
(b) subject to such conditions as the Authority considers appropriate.
(3) If an exemption is granted in respect of an occupational retirement scheme, the provisions of this Ordinance, or the provisions of this Ordinance specified in the exemption certificate, do not, subject to subsection (3A), apply to the members or relevant class of members of the scheme, or to the employer of those members in relation to the scheme. (Amended 7 of 2019 s. 11)
(3A) However, if the members or relevant class of members of the occupational retirement scheme has a TVC account, subsection (3) does not operate in relation to the members or class to disapply the provisions of this Ordinance that relate to tax deductible voluntary contributions and TVC accounts. (Added 7 of 2019 s. 11)
(4) An exemption may be granted in respect of an occupational retirement scheme under this section whether the scheme is a defined contribution scheme or a defined benefit scheme.
(5) The regulations may—
(a) prescribe the circumstances in which an exemption under this section may be granted; and 
(b) prescribe requirements that are to be complied with as a condition for the granting of such an exemption; and
(c) empower the Authority to revoke such an exemption for failure to comply with any requirements imposed as a condition of granting the exemption.
(Replaced 4 of 1998 s. 2)

5A. Register of exempt schemes to be kept
(1) The Authority must establish and maintain a register of occupational retirement schemes in respect of which an exemption has been granted under section 5. The register may be in such form, and contain such information, as the Authority may determine.
(2) The register is to be kept at the head office of the Authority in Hong Kong.
(3) Members of the public are entitled, without charge, to inspect the register during the ordinary business hours of the Authority.
(Added 4 of 1998 s. 2)