Page:Mandatory Provident Fund Schemes Ordinance (Cap. 485).pdf/32

A2198 '''43. Offences'''

(1) It shall be an offence for an employer without reasonable excuse—
 * (a) to fail to comply with section 7(1);
 * (b) to fail to comply with section 7(2);
 * (c) to fail to comply with section 7(3)(a);
 * (d) to fail to comply with section 7(3)(b);
 * (e) to fail to comply with section 7(3)(c);
 * (f) in the case where a relevant employee receives less than the minimum level of income in respect of his employment and elects to contribute to a registered scheme, to fail to remit to the approved trustee of that registered scheme the statutory minimum contribution payable in respect of that relevant employee;
 * (g) in the case where this Ordinance confers upon a relevant employee an option to contribute to a relevant scheme, to impose upon that relevant employee, as a condition of his employment, a requirement that he shall not exercise his option to contribute.

(2) Any declaration or statement made to the Authority for the purposes of section 23 shall not be evidence against the person making that declaration or statement.

(3) It shall be an offence for a self-employed person without reasonable excuse—
 * (a) not to have become a member of a registered scheme in accordance with section 7(4);
 * (b) to fail to pay the statutory minimum contribution, or to pay less than the statutory minimum contribution, to the approved trustee of the registered scheme in respect of the business of that self-employed person.

(4) It shall be an offence for an approved trustee to pay accrued benefits to any scheme member who has not attained the age specified in Schedule 7 other than in accordance with regulations made under section 46 permitting the earlier payment of accrued benefits to scheme members.

(5) It shall be an offence for an approved trustee to fail to comply with any limitations or prohibitions on the investment of the assets of registered schemes in any restricted investments referred to in section 29.

44. Liability of directors

(1) Where an offence under this Ordinance is committed by a company and is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary, or other similar officer of the company, or any person who was purporting to act in any such capacity, he as well as the company, shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.