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

34ZZH. Notice of revocation, suspension, etc.
(1) This section applies if the Authority—
(a) suspends or revokes the registration of a person as a registered intermediary under Division 5 or 6;
(b) revokes the approval of a person as a responsible officer of a principal intermediary under section 34ZK; or
(c) makes a disciplinary order against a person under section 34ZW.
(2) The Authority must give the person a notice in writing of—
(a) the suspension or revocation, or the disciplinary order; and
(b) a statement of reasons for the suspension or revocation, or for the disciplinary order.

34ZZI. Effect of revocation and suspension
(1) A revocation or suspension under this Part of the registration of a person as a registered intermediary does not affect any agreement, transaction or arrangement entered into by the person as such registered intermediary.
(2) A revocation or suspension under this Part of the approval of the attachment of a person to a principal intermediary does not affect any agreement, transaction or arrangement entered into by the person as a subsidiary intermediary attached to the principal intermediary.

34ZZJ. Payment by Authority to industry regulator in relation to expenditure or cost for services
(1) The Authority may pay to an industry regulator an amount that in the Authority’s opinion represents the expenditure or cost incurred, or likely to be incurred, by the industry regulator in providing the services or performing the functions under this Part.
(2) A payment under subsection (1) is to be paid from the MPFA Administration Account.

34ZZK. Transitional and saving provisions
Schedule 5B has effect.

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

36. Constitution and powers of Appeal Board
(1) The Appeal Board shall consist of the Chairman or any Deputy Chairman who shall preside at the hearing and such number of persons, not being fewer than 2, from the panel referred to in section 35(5) as the Chairman may appoint to be members of the Appeal Board to hear any appeal.
(2) In relation to the hearing of appeals every question before the Appeal Board shall be determined by the opinion of the majority of the members hearing the appeal except a question of law which shall be determined by the Chairman or (where appropriate) the Deputy Chairman and in the case of an equality of votes the Chairman or Deputy Chairman shall have a casting vote.
(3) In hearing an appeal the Appeal Board may—
(a) receive and consider any material, whether by way of oral evidence, written statements, documents or otherwise, and whether or not it would be admissible in a court of law;
(b) by notice in writing signed by the Chairman, summon any person—
(i) to produce to it any document that is relevant to the appeal and is in his custody or under his control; or
(ii) to appear before it and to give evidence relevant to the appeal;
(c) administer oaths and affirmations;
(d) require evidence to be given on oath or affirmation;
(e) make an award of such sum, if any, in respect of the costs involved in the appeal as is just and equitable in all the circumstances of the case.
(4) After hearing an appeal made in respect of any decision specified in Schedule 6 the Appeal Board may uphold, vary or quash that decision and make such consequential orders as may be necessary.

37. Appeal Board’s decision is final
Subject to section 39, the determination of an appeal by the Appeal Board or any order as to costs made by the Appeal Board shall be final.

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

38. Supplementary provisions relating to appeals
(1) The procedure and practice of the Appeal Board shall, subject to this Ordinance, be determined by the Chairman.
(2) If the Chairman is precluded by illness, absence from Hong Kong or any other cause from exercising his functions, the Chief Executive may appoint any Deputy Chairman to act as Chairman and as such to exercise all the functions of the Chairman during the period of his appointment. (Amended 4 of 1998 s. 2)
(3) If a person appointed by the Chairman under section 36(1) to hear an appeal is precluded by illness, absence from Hong Kong or any other cause from exercising his functions, the Chairman may appoint any other person from the panel referred to in section 35(5) to act in his place.
(4) At the hearing of an appeal, the appellant is entitled to appear in person or to be represented by any of the following persons—
(a) a legal practitioner;
(b) if the appellant is a company, any of its officers or employees;
(c) if the appellant is a partnership, any of its partners or employees; 
(d) with the leave of the Appeal Board, any other person. (Replaced 4 of 1998 s. 2)
(4A) At the hearing of an appeal, the Authority is entitled to be represented by any of the following persons—
(a) the Managing Director;
(b) any of the Authority’s employees;
(c) a legal practitioner;
(d) with the leave of the Appeal Board, any other person. (Added 4 of 1998 s. 2)
(5) In relation to any appeal to the Appeal Board, the members of the Appeal Board, the appellant, and any witness, representative or other person appearing before the Appeal Board shall have the same privileges and immunities as they would have if the proceedings were civil proceedings before a court.
(6) A sum awarded to the Authority under section 36(3) as costs is recoverable by the Authority in a court of competent jurisdiction as a debt due to the Authority. (Replaced 4 of 1998 s. 2)
(7) A sum awarded against the Authority under section 36(3) as costs is recoverable from the Authority in a court of competent jurisdiction as a debt. (Added 4 of 1998 s. 2)

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

39. Case may be stated for Court of Appeal
(1) The Appeal Board may refer any question of law arising in an appeal to the Court of Appeal for determination by way of case stated.
(2) On the hearing of the case, the Court of Appeal may either—
(a) determine the question stated; or
(b) remit the case to the Appeal Board, in whole or in part, for reconsideration in the light of the Court’s determination. (Replaced 4 of 1998 s. 2)
(3) Where a case is stated under subsection (1), the Appeal Board shall not determine the relevant appeal before the Court of Appeal determines the relevant point of law.

40. Offences relating to appeal
Any person who, without reasonable excuse, refuses or fails—
(a) to attend and give evidence when required to do so by the Appeal Board; or
(b) to answer truthfully, and completely questions put to him by the Appeal Board; or
(c) to produce any document which he is required by the Appeal Board to produce,
commits an offence and is liable on summary conviction to a fine at level 4.
(Amended 4 of 1998 s. 2)

41. Persons not to disclose certain information
(1) A person who obtains information in the performance of functions conferred or imposed by or under this Ordinance— (Amended 40 of 2021 s. 33)
(a) must not disclose the information to any other person, unless the disclosure is necessary in order to perform those functions; and
(b) must not enable another person to have access to the information, except in so far as that access is necessary to allow that other person to perform functions under or for the purposes of this Ordinance. (Amended 40 of 2021 s. 33)
(2) Subsection (1) does not prevent the disclosure of, or the provision of access to, information (not being information contained in a report referred to in section 7C(4)) in accordance with an order of a court or in accordance with a law or a requirement made under a law.
(2A) Subsection (1) does not prevent the disclosure of, or the provision of access to, the information by a relevant person (Party A