香港法例/HK1708 刑事罪行(酷刑)條例

(ii) publicly listed on a stock exchange in a stock market recognized by the Securities and Futures Commission for the purposes of section 65A(2)(a)(ii) of the Securities Ordinance (Cap 333). (Added 53 of 1995 s. 16)

(ii) publicly listed on a stock exchange in a stock market recognized by the Securities and Futures Commission for the purposes of section 65A(2)(a)(ii) of the Securities Ordinance (Cap 333). (Added 53 of 1995 s. 16)

(a) up to but not exceeding 15% of the assets of the scheme consisting of investments in the share capital of bodies corporate which share capital is publicly listed on a stock exchange legally established and regulated as a stock exchange in accordance with the laws of the jurisdiction in which it is established and which is other than the stock exchanges referred to in subsection (2)(c) (which 15% is not in addition to any investments of the same nature held prior to 15 October 1993 and exempted from the restriction of subsection (2)(c));

(b) the assets of the scheme consisting of investments in redeemable shares in a mutual fund corporation; and

" (c) investments that derive directly from entitlements attached to investments held prior to 15 October 1993 or acquired as a result of this paragraph and which would otherwise be prohibited by subsection (2)(c) about which investments the administrator, before making the investments, shall obtain the Registrar's permission to make the investments by satisfying the Registrar-"

(i) that the investments derive directly from entitlements attached to the holding of investments held prior to 15 October 1993 or were acquired as a result of this paragraph;

(ii) that the investments have become available in the normal course of business; and

(iii) that the registered scheme would be disadvantaged if the investments were not made. (Replaced 53 of 1995 s. 16)

(4) The Registrar may give guidelines as to what evidence or documentary material would be relevant to the issue of satisfying him of the matters set out in subsection (3)(c) including the requirement that the evidence and documentary materials be verified by independent advisors specified by the Registrar. (Replaced 53 of 1995 s. 16)

(5) The Registrar is not liable for any loss incurred by a scheme as a result of an investment made with his permission under subsection (3)(c). (Replaced 53 of 1995 s. 16)

" (6) In determining at any time whether the requirement of subsection (2) is complied with assets shall be valued at their market value or, where such value cannot be ascertained, the net realizable value, at that time."

" (7) Where the Registrar reasonably believes that the requirement of subsection (2) is for the time being not being complied with as regards a registered scheme, he may, having regard to the interests of the members of the scheme as a whole, by notice in writing to the administrator of the scheme require him to ensure compliance with the requirement as regards the scheme within such period as the Registrar reasonably considers necessary (being a period of not less than 1 month beginning on the date of the notice)."

(8) A notice under subsection (7) relating to a registered scheme shall state that representations as regards the requirement specified in the notice may be made in writing to the Registrar within such period as is specified in the notice (being a period of not less than 1 month beginning on the date of the notice) by or on behalf of the administrator of the scheme.

" (9) Where a representation relating to a requirement is made in accordance with this section, the Registrar, having had regard to such representation, may-"

(a) withdraw or modify the requirement; or

(b) extend the period referred to in subsection (7).

(1) The relevant employer of a registered scheme shall pay to the Registrar in respect of that scheme a prescribed fee which is a periodic fee as may be appropriate in respect of-

(a) each period of 12 months during which the scheme continues to be a registered scheme and beginning on the first or any subsequent anniversary of its registration; and

(2) A periodic fee payable under subsection (1) shall be paid to the Registrar not later than 1 month after the first day of the period in respect of which it is payable.

" (3) Where a periodic fee is not paid in accordance with subsection (2), there shall be chargeable upon the unpaid fee a surcharge equal to the amount of such unpaid fee which shall be paid together with such unpaid fee to the Registrar not later than 2 months after the first day of the period in respect of which the unpaid fee is payable."

" (1) Where a registered scheme is terminated or otherwise wound up (except in pursuance to a court order under section 48), the relevant employer and designated person of the scheme shall within 14 days of the commencement of the winding up or termination process give a notice in writing of that fact to the Registrar and each member of the scheme."

" (1) The designated person of a registered scheme which is a defined benefit scheme shall, as regards each successive period of 3 years or such shorter period as the Registrar may specify in rules made by him, from the date of the actuarial review giving rise to the most recent actuarial certificate supplied as regards the scheme to the Registrar in accordance with this Ordinance, within 6 months after the expiration of the period or such later time as the Registrar may in his absolute discretion allow, supply to the Registrar a certificate issued by an actuary which shall either be a full certificate or a qualified certificate."

(2) The full certificate or qualified certificate referred to in subsection (1) shall be prepared in accordance with Schedule 2 and shall contain such other information as the Registrar may specify in rules made under section 73(1)(i).

" (3) Where at the time when the application for the registration of an occupational retirement scheme is made, or at any time thereafter, a qualified certificate is supplied to the Registrar as regards a scheme, the following provisions shall apply-"