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

45G. Right to bring civil proceedings to recover financial loss
(1) A person who has sustained financial loss that is attributable—
(a) to a contravention of the governing rules of a registered scheme by another person; or
(b) to the failure of another person to perform a duty, or to comply with a requirement or standard, imposed on that other person by or under this Ordinance (except Part 4A), (Amended 16 of 2012 s. 20)

is entitled, by proceedings brought in a court of competent jurisdiction, to recover from that other person the amount of that loss as damages.
(2) The right conferred by this section is in addition to any other right conferred by law to recover the loss or damages in respect of the loss.
(Added 4 of 1998 s. 2. Amended E.R. 1 of 2013)

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

47. Rules
(1) The Authority may make rules, not inconsistent with this Ordinance or the regulations, for or with respect to any matter that by this Ordinance is required or permitted to be prescribed by the rules. (Replaced 4 of 1998 s. 2)
(1A) Rules may also be made under subsection (1) for all or any of the following purposes—
(a) providing for matters relating to the administration of registered schemes; 
(b) prescribing methods by which mandatory contributions must or may be paid to approved trustees of registered schemes;
(c) prescribing the measures to be taken by participating employers, relevant employees and self-employed persons in order to ensure that sections 7, 7A and 7C are complied with. (Added 4 of 1998 s. 2)
(2) Rules under this section may do all or any of the following—
(a) apply generally or be limited in their application by reference to specified exceptions or factors;
(b) apply differently according to different factors of a specified kind;
(c) authorize any matter or thing to be determined, applied or regulated by any specified person;
(d) prescribe fees for the purposes of those rules. (Replaced 4 of 1998 s. 2)
(3) Any rules made under this section may prescribe offences in respect of contraventions of the rules, and may provide for the imposition of a fine not exceeding level 4 and of imprisonment for a period not exceeding 6 months.
(4) Rules made under this section shall be subject to the approval of the Legislative Council.

47A. Authority may specify or approve forms
(1) The Authority may specify or approve the form and contents of documents required for the purposes of this Ordinance.
(2) If the Authority has specified or approved a form for the purposes of this Ordinance, strict compliance with the form is not necessary and substantial compliance is sufficient.
(3) If a form specified or approved by the Authority for the purposes of this Ordinance requires the form to be completed in a specified way, or requires specified information to be included in or be attached to, or to accompany, the form, the form is not properly completed unless it is completed in that way, or includes or has attached to it, or is accompanied by, that information.
(Added 4 of 1998 s. 2)

47B. Rules against perpetuities not to apply to registered schemes
The rules of law relating to perpetuities do not apply to the trusts relating to registered schemes or to the approved trustees of those schemes.
(Added 4 of 1998 s. 2)

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

47C. Service of summons
Notwithstanding section 8 of the Magistrates Ordinance (Cap. 227) and without limiting the generality of section 803 or 827 of the Companies Ordinance (Cap. 622), a summons relating to an offence against this Ordinance that is alleged to have been committed by any employer may be served on the employer by leaving it at, or sending it by post to, any place at which the employer carries on business.
(Added 1 of 2008 s. 47. Amended 28 of 2012 ss. 912 & 920)

47D. Time limit for prosecution
(1) Despite section 26 of the Magistrates Ordinance (Cap. 227), proceedings in respect of an offence (other than an indictable offence) under this Ordinance or any subsidiary legislation under this Ordinance may be brought within 3 years after the commission of the offence unless otherwise specified.
(2) Subsection (1) does not apply in relation to proceedings in respect of an offence that was committed before the commencement date* of section 17 of the Mandatory Provident Fund Schemes (Amendment) Ordinance 2015 (1 of 2015).
(Added 1 of 2015 s. 17)Editorial Note:
* Commencement date: 30 January 2015.

48. Power of Chief Executive in Council to amend Schedules
(Amended 40 of 2021 s. 44)(1) The Chief Executive in Council may, by notice published in the Gazette, amend Schedules 1, 1B, 2, 3, 5, 5A, 6, 7, 8 and 17 (specified schedules

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

49. (Omitted as spent—E.R. 1 of 2013)

### Hong Kong Court of Final Appeal Ordinance 《香港終審法院條例》

1. Short title and commencement
(1) This Ordinance may be cited as the Hong Kong Court of Final Appeal Ordinance.
(2) This Ordinance shall not come into operation on or before 30 June 1997 and the following day shall be the day for the coming into operation of the Ordinance, which shall be amended as necessary to ensure that it is in full conformity with the Basic Law.