Cap. 426 sub. leg. A

Occupational Retirement Schemes (Authentication and Certification of Documents) Rules(Cap. 426, section 73)(Enacting provision omitted—E.R. 6 of 2019)[15 October 1993] L.N. 407 of 1993(Format changes—E.R. 6 of 2019) 1. (Omitted as spent—E.R. 6 of 2019) 2. Authentication of documents (1) Subject to subsections (2) and (3), each of the documents specified in Schedule 1 shall be authenticated, prior to its submission to the Registrar, by—(a) a notary lawfully exercising his functions in the place where the document was made; or(b) any other person authorized under the laws of that place to administer an oath or take a statutory declaration.(2) Each of the documents specified in Part 2 of Schedule 1 shall be authenticated in accordance with subsection (1) only if it was made by—(a) an individual who is not—(i) ordinarily resident in Hong Kong; and(ii) the holder of an identity card within the meaning of the Registration of Persons Ordinance (Cap. 177); or(b) a body corporate which does not have a place of business in Hong Kong.(3) Where the Registrar so permits in any particular case and subject to such conditions as he thinks fit, a certified copy of a document specified in Schedule 1 may be submitted to him in lieu of that document as authenticated in accordance with subsection (1) and, in any such case, that copy so submitted shall be deemed to be that document as so authenticated and whether or not that document has been so authenticated.(4) Subject to subsection (5), a power of attorney executed for the purpose of section 67(1B) of the Ordinance shall be authenticated by— (L.N. 361 of 1998)(a) a notary lawfully exercising his functions in the place where the power of attorney was executed; or(b) any other person authorized under the laws of that place to administer an oath or take a statutory declaration.(5) A power of attorney executed for the purpose of section 67(1B) of the Ordinance shall be authenticated in accordance with subsection (4) only if it was executed by— (L.N. 361 of 1998)(a) an individual who is not—(i) ordinarily resident in Hong Kong; and(ii) the holder of an identity card within the meaning of the Registration of Persons Ordinance (Cap. 177); or(b) a body corporate which does not have a place of business in Hong Kong.(6) In this section, a certified copy (經證明的副本) means a copy which has been certified, prior to its submission to the Registrar, in the manner specified in section 3(1) and (2) as if it were a copy to which section 3(1) and (2) applies. 3. Certification of documents (1) Subject to subsection (3), each of the documents specified in Schedule 2, where it is a copy of or an extract from an original document, shall be certified, prior to its submission to the Registrar, as a true copy of or extract from the original document by—(a) the administrator or designated person of the occupational retirement scheme to which the document relates; or(b) a notary lawfully exercising his functions in the place where the certification is made.(2) Certification under subsection (1)(a) shall be made either on oath or by a statutory declaration or by affidavit before a person authorized by the laws of the place where the certification is made to administer an oath or take a statutory declaration or affidavit.(3) Where the Registrar so permits and subject to such conditions as he thinks fit, a copy of or an extract from an original document which has not been certified in accordance with subsection (1) may be submitted to him in lieu of a copy or an extract as certified in accordance with subsection (1) if—(a) certification in accordance with subsection (1) cannot be made on the ground that the original document—(i) has been lost or destroyed; or(ii) is, notwithstanding reasonable steps having been taken to view it, unavailable for viewing; and(b) the copy or extract is accompanied by a statutory declaration in support of the relevant ground referred to in paragraph (a). Schedule 1 [s. 2]Documents to be Authenticated Part 1 1. The submission described in paragraph 3(a) in Part 3 of Schedule 1 to the Ordinance as required under section 15 of the Ordinance. 2. The submission described in paragraph 3(a) in Part 3 of Schedule 1 to the Ordinance as required under section 37(2) of the Ordinance. 3. The submission described in paragraph 3(a) in Part 3 of Schedule 1 to the Ordinance as required under section 39(2) of the Ordinance. 4. The submission described in paragraph 3(a) in Part 3 of Schedule 1 to the Ordinance as required under section 41(2) of the Ordinance. Part 2 1. The auditor’s statements described in—(a) paragraph 1A of Part 1, or paragraph 2A of Part 2, of Schedule 1 to the Ordinance; and(b) paragraph 2 of Part 1, or paragraph 3 of Part 2, of Schedule 1 to the Ordinance,as required under section 15(e) of the Ordinance. (9 of 2020 s. 53) 2. The applicant’s statements described in paragraphs 2A and 3 of Part 1, and in paragraph 3A of Part 2, of Schedule 1 to the Ordinance as required under section 15(e) of the Ordinance. (9 of 2020 s. 53) 3. The set of audited accounts described in paragraph 4 of Part 1 or paragraph 4 of Part 2 of Schedule 1 to the Ordinance as required under section 15(e) of the Ordinance. 4. The administrator’s statement described in paragraph 1 of Part 2 of Schedule 1 to the Ordinance as required under section 15(e) of the Ordinance. 5. The actuarial certificate described in paragraph 1 or 2 of Part 3 of Schedule 1 to the Ordinance as required under section 15(e) of the Ordinance. 6. The professional legal practitioner’s statement described in paragraph 4 of Part 3 of Schedule 1 to the Ordinance as required under section 15(e) of the Ordinance. 7. The actuarial certificate required under section 31(1) of the Ordinance. 8. The auditor’s report and the audited financial statements required under section 30(1)(b)(ii) of the Ordinance. (9 of 2020 s. 53) 9. The auditor’s report required in a notice issued under section 32(2)(a) of the Ordinance. 10. The actuarial certificate required in a notice issued under section 32(2)(b) of the Ordinance. Schedule 2 [s. 3]Documents to be Certified 1. Copies of powers of attorney executed for the purpose of section 67(1B) of the Ordinance required to be submitted to the Registrar under section 7(2)(c)(ii) or 15(d) of the Ordinance. (L.N. 361 of 1998) 2. The documents required to be submitted to the Registrar under section 7(2)(c)(iii) of the Ordinance. 3. The documents required to be submitted to the Registrar under section 7(5) of the Ordinance. 4. The documents required to be submitted to the Registrar under section 10(1)(a) of the Ordinance. 5. The documents required to be submitted to the Registrar under section 16(a) of the Ordinance. 6. The documents required to be submitted to the Registrar under section 33(1) of the Ordinance. 7. Copies of powers of attorney required to be submitted to the Registrar under section 3(2)(f), 4(2)(e) or 8(2)(e) of the Occupational Retirement Schemes (Notices of Changes) Rules (Cap. 426 sub. leg. J). (L.N. 361 of 1998)