### Occupational Retirement Schemes Ordinance 《職業退休計劃條例》

61. Appeal Board
(1) Every appeal made under sections 8, 13, 19 and 46 shall be determined by the Appeal Board to be known as the Occupational Retirement Schemes Appeal Board.
(2) The Chief Executive shall appoint a person to be the Chairman of the Appeal Board and such number of persons as he thinks fit to be the Deputy Chairmen of the Appeal Board. (Amended 31 of 1999 s. 3)
(3) Subject to subsection (7), the Chairman or any Deputy Chairman shall be appointed for a term of not more than 2 years but may be reappointed.
(3A) A person appointed under subsection (2) to be the Chairman of the Appeal Board must be—
(a) a person who is eligible for appointment as a judge of the High Court under section 9 of the High Court Ordinance (Cap. 4);
(b) a former Justice of Appeal of the Court of Appeal; or
(c) a former judge or a former deputy judge of the court. (Added 9 of 2020 s. 41)
(4) A person appointed under subsection (2) to be the Deputy Chairman, or one of the Deputy Chairmen, of the Appeal Board must be a solicitor or barrister admitted under the Legal Practitioners Ordinance (Cap. 159). (Amended 9 of 2020 s. 41)
(5) The Chief Executive shall appoint a panel of persons not being public officers whom he considers suitable for appointment under section 62 as members of the Appeal Board. (Amended 31 of 1999 s. 3)
(6) An appointment under subsection (2) or (5) shall be notified in the Gazette.
(7) The Chairman and any Deputy Chairman or person appointed under subsection (5) may at any time resign by notice in writing to the Chief Executive. (Amended 31 of 1999 s. 3)
(8) The Chairman and any Deputy Chairman or person appointed under subsection (5) shall be remunerated out of money provided by the Legislative Council for that purpose at a rate that the Financial Secretary may determine.

### Occupational Retirement Schemes Ordinance 《職業退休計劃條例》

62. Constitution and powers of Appeal Board
(1) The Appeal Board shall consist of the Chairman or a 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 61(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; 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 an occupational retirement scheme—
(aa) under section 8(1), the Appeal Board may determine the appeal by upholding, varying or quashing the Registrar’s decision, and making any necessary consequential order; (Added 9 of 2020 s. 42)
(a) under section 8(2), the Appeal Board may determine the appeal by confirming the Registrar’s decision or directing the Registrar to issue an exemption certificate in respect of the scheme; (Amended 9 of 2020 s. 42)
(b) under section 13, the Appeal Board may determine the appeal by confirming the Registrar’s decision or directing the Registrar to restore the relevant exemption certificate;
(ba) under section 19(1), the Appeal Board may determine the appeal by upholding, varying or quashing the Registrar’s decision, and making any necessary consequential order; (Added 9 of 2020 s. 42)
(c) under section 19(2), the Appeal Board may determine the appeal by confirming the Registrar’s decision or directing the Registrar to register the scheme; (Amended 9 of 2020 s. 42)
(d) under section 46, the Appeal Board may determine the appeal by confirming the Registrar’s decision or directing the Registrar to restore the registration of the scheme.

### Occupational Retirement Schemes Ordinance 《職業退休計劃條例》

63. Appeal Board’s decision is final
Subject to section 65, the determination of an appeal by the Appeal Board or any order as to costs made by the Appeal Board shall be final.

64. 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 a Deputy Chairman to act as Chairman and as such to exercise all the functions of the Chairman during the period of his appointment. (Amended 31 of 1999 s. 3)
(3) If a person appointed by the Chairman under section 62(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 61(5) to act in his place.
(4) In the hearing of an appeal, the appellant and the Registrar shall be entitled to be heard either in person or through a solicitor or barrister and if the appellant is a body corporate, through any of its directors or employees or if a partnership, through any of the partners or, with the leave of the Appeal Board, through any other person.
(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) Any sum awarded to the Registrar under section 62(3)(e) shall be a debt due to the Registrar and recoverable in the District Court and any sum payable by the Registrar under such an award shall be charged on the MPFA Administration Account established and maintained under section 6M of the Mandatory Provident Fund Schemes Ordinance (Cap. 485). (Amended 4 of 1998 s. 4)

65. 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 amend the case or order it to be sent back to the Appeal Board for amendment.
(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.

### Occupational Retirement Schemes Ordinance 《職業退休計劃條例》

66. 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;
(b) to answer truthfully and completely questions put to him by the Appeal Board;
(c) to produce any document which he is required by the Appeal Board to produce,
commits an offence and shall be liable on summary conviction to a fine at level 4 and to imprisonment for 6 months.
(Amended E.R. 2 of 2014)

66A. Interpretation
In this Part—
investigation requirement (調查要求) means a requirement made under section 66D;
scheme (計劃) means a registered scheme or an exempted scheme.