Page:Mandatory Provident Fund Schemes Ordinance (Cap. 485).pdf/16

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A2166
Ord. No. 80 of 1995
MANDATORY PROVIDENT FUND SCHEMES

(2) The Authority may recover those arrears in accordance with regulations made under section 46.

(3) Any arrears recovered by the Authority shall be paid by the Authority to the approved trustee of the registered scheme in respect of the scheme members concerned in relation to that registered scheme and to which approved trustee those arrears would otherwise have been paid had no default occurred.

19. Powers of Authority in relation to mandatory contributions

(1) Any person authorized by the Authority in writing (“authorized person”) for the purpose, and on production of that authority, may for the purpose of ensuring compliance with the provisions of this Ordinance and for no other purpose-

(a) subject to subsection (2), enter, inspect and examine at any reasonable time, by day or night, any premises or place, in which he knows or reasonably believes relevant employees or self-employed persons are employed or carrying on business;
(b) require any person found in those premises or place or any other person to produce any register, record, form or other document required to be kept under this Ordinance or otherwise in that other person’s possession or under his control and inspect, examine and copy the same;
(c) make such examination and inquiry as may be necessary to ascertain whether the requirements of this Ordinance applicable to employers, relevant employees and self-employed persons are being complied with, and may seize anything which may appear to the authorized person to be or contain evidence of an offence against this Ordinance;
(d) exercise any other powers which may be conferred on the authorized person by any regulations made under section 46.

(2) No premises or place or part thereof which is or are being used for the purposes of a private dwelling shall be entered by an authorized person under subsection (1), except under or by virtue of a warrant issued by a magistrate for that purpose, if the magistrate is satisfied by information on oath that there is reasonable grounds for suspecting that an offence against this Ordinance has been, is being, or is about to be committed in those premises or that place or part thereof, or that there is in those premises or that place or part thereof anything which may appear to the authorized person to be or contain evidence of that offence.