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

33A. Registrar to be notified of certain events
(1) In this section—

reportable event (須申報事件) means, in relation to a registered scheme, the occurrence of any of the following—
(a) a condition imposed under section 18(4A), or amended under section 18(4B), is not complied with for the scheme;
(b) any requirement of section 20 is not complied with for the scheme;
(c) any requirement of section 20A(1), (2) or (3) is not complied with for the scheme;
(d) any requirement of section 21 is not complied with for the scheme;
(e) any requirement of section 24 is not complied with for the scheme;
(f) any requirement of section 25 is not complied with for the scheme;
(g) a requirement under section 26(1) is not complied with for the scheme;
(h) any requirement of section 27 is not complied with for the scheme;
(i) the requirement of section 70B is not complied with for the scheme;
(j) any term of the scheme allows a person other than an eligible person to be a member of the scheme;
(k) not all members of the scheme are eligible persons;

working day (工作日) means a day that is not—
(a) a general holiday;
(b) a Saturday; or
(c) a black rainstorm warning day or gale warning day as defined by section 71(2) of the Interpretation and General Clauses Ordinance (Cap. 1).

(2) If the relevant employer or administrator of a registered scheme becomes aware of a reportable event that occurs on or after the date* on which the Occupational Retirement Schemes (Amendment) Ordinance 2020 (9 of 2020) comes into operation, the relevant employer or administrator must—
(a) not later than the seventh working day after becoming aware of the event, give written notice to the Registrar setting out the particulars of the event;
(b) keep a record of the particulars of the event;
(c) permit the Registrar to inspect the record at any reasonable time during ordinary business hours; and
(d) give written notice to the Registrar setting out such further or better particulars of the event as the Registrar requires as soon as practicable after the Registrar makes the requirement.
(3) A person who, without reasonable excuse, contravenes subsection (2) commits an offence and is liable on summary conviction to a fine at level 6.
(Added 9 of 2020 s. 25) Editorial Note:
* Commencement date: 26 June 2020.

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

34. Consultative committees
(1) Where a registered scheme has more than 20 members, the majority of the members of the scheme may select amongst themselves members of a consultative committee.
(2) The function of a consultative committee is to advise the administrator of the relevant registered scheme as regards the scheme.
(3) The consultative committee constituted in respect of a registered scheme shall as soon as reasonably practicable after its constitution give a notice in writing of its constitution to the administrator and relevant employer of the scheme.
(4) Where a member of a consultative committee ceases to be a member of the relevant registered scheme, he shall at the same time cease to be a member of the committee.
(5) The relevant employer and the administrator of a registered scheme shall each be entitled to attend personally, or to nominate a person to attend on his behalf, at each meeting of the committee formed by the members of the scheme.
(6) Any advice given by the committee shall be sent to the relevant employer who shall forward it to the administrator of the scheme and any advice so forwarded shall be considered by, but shall not be binding on, such administrator.
(7) Where the condition referred to in subsection (1) ceases to be fulfilled as regards a registered scheme, the consultative committee formed in respect of the scheme shall on such cessation be dissolved.

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

38. New trustee to give undertaking
Where any person—
(a) who—
(i) (in the case of an individual) is ordinarily resident in Hong Kong and is the holder of an identity card within the meaning of the Registration of Persons Ordinance (Cap. 177); or
(ii) (in the case of a body corporate) has a place of business in Hong Kong; and
(b) who has not given an undertaking which is in force for the time being as regards a registered scheme governed by a trust,
is appointed as a trustee of the trust, he shall within 28 days after such appointment send to the Registrar an undertaking stating that he undertakes to perform in relation to the scheme the functions imposed or conferred on a designated person by this Ordinance.

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

40. Release from undertaking
(1) The Registrar may on an application in writing by a person who has given an undertaking referred to in section 15(f), 38 or 39(3) release such person from the undertaking.
(2) Where a person makes an application under subsection (1) in respect of a registered scheme and—
(a) he is for the time being the only designated person of the scheme; or
(b) (where the scheme is governed by a trust and the applicant has ceased or will cease acting as a trustee of the trust) the terms of the relevant trust instrument require appointment of a trustee to replace the applicant,
the Registrar shall not allow the application unless—
(i) the application is accompanied by a new undertaking described in section 15(f) and relating to the scheme; and
(ii) the Registrar is satisfied that the person giving the new undertaking is a suitable person to give it.
(3) Where the Registrar allows an application under subsection (2), the person who gives the new undertaking shall thenceforth take the place of the applicant as the designated person of the relevant registered scheme.

41. Release from submission
(1) A person who has made a submission described in paragraph 3 of Part 3 of Schedule 1 may apply in writing to the Registrar to release him from the submission and substitute for it a submission by another person.
(2) Where a person makes an application under subsection (1) in respect of a registered scheme and he is for the time being the only person who made the submission in respect of the scheme, the Registrar shall not allow the application unless—
(a) the application is accompanied by a submission described in paragraph 3 of Part 3 of Schedule 1 and relating to the same scheme; and
(b) the Registrar is satisfied that the submission is in an appropriate form and the person proposing to make the submission is a suitable person to make it.
(3) Where the Registrar allows an application made under subsection (1) relating to a registered scheme, the submission which accompanied the application shall thenceforth, as regards the scheme, for the purposes of this Ordinance take the place of the submission accepted by the Registrar when the application for registration of such scheme was allowed or, in case the applicant is one of the persons who made the original submission, take the place of such submission to the extent it was made by the applicant.