This provision sets the form and counting rules for member notices used to request scheme information, and says when such a notice counts as a resolution.
Occupational Retirement Schemes (Member’s Request for Information on Scheme Assets) 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. Signed notice regarded as resolution For the purposes of section 35(3)(b) of the Ordinance, a notice in the form specified in the Schedule signed by more than 50% of the members of a registered scheme shall be regarded as a resolution passed by such members. 3. Requesting member to be identified The member of a registered scheme who makes a request under section 35(3)(b) of the Ordinance shall be identified in a notice under section 2. 4. Names and identity card numbers to be written A person’s signature, other than the signature of the member making the request under section 35(3)(b) of the Ordinance, on a notice referred to in section 2 shall not be effective for the purpose of that section unless—(a) the full name of the person; and(b) the number of the identity card (if any) issued to that person under the Registration of Persons Ordinance (Cap. 177),are written legibly against the signature. 5. More than 1 notice A resolution referred to in section 2 may be constituted by more than 1 notice provided each such notice is in the form specified in the Schedule. 6. Determination of majority (1) Where on the day on which a notice referred to in section 2 is given to the designated person of a registered scheme, the number of persons who have signed the notice and who are members of the scheme exceeds 50% of the number of the members of that scheme as on that day, the resolution constituted by such notice shall be regarded as being passed on that day.(2) In calculating the number of persons who have signed a notice referred to in section 2 the member making the request for information by the notice shall be included. Schedule [ss. 2 & 5]Notice A notice given under section 35(3)(b) of the Occupational Retirement Schemes Ordinance (Cap. 426) to the designated person of (state the name of the relevant occupational retirement scheme) (“the scheme”) on . (date) I, (full name of the requesting member) of (address) hereby request that the following information of the scheme be supplied to me— *□1. The latest available aggregate market value of the scheme’s total assets. *□2. Whether or not on the date of this request the requirement of section 27(2) of the Occupational Retirement Schemes Ordinance (Cap. 426) was complied with as regards the scheme and, if it was not complied with, the particulars of all the restricted investments which formed the whole or part of the assets of the scheme on that date and the proportion of the market value or, where such value cannot be ascertained, the aggregate net realizable value of those investments to the aggregate market value or (where appropriate) the net realizable value of the scheme’s total assets as a whole as on such date. *□3. (Where on the date of this request the market value or, where such value cannot be ascertained, the net realizable value of a particular security then forming part of the scheme’s assets exceeded 10% of the market value or, where appropriate, the net realizable value on such date of the scheme’s assets as a whole) the particulars of such security and the percentage it then formed of that market value or (where appropriate) the net realizable value. *□4. (Where on the date of this request the market value or, if such value cannot be ascertained, the net realizable value, of investments in the share capital of bodies corporate under section 27(3)(a) of the Occupational Retirement Schemes Ordinance (Cap. 426) then forming part of the scheme’s assets exceeded 5% of the market value or, where appropriate, the net realizable value on such date of the scheme’s assets as a whole) the particulars of the investments and the percentage they then formed of the market value or (where appropriate) the net realizable value. * Tick where appropriate. (May choose more than 1 item). (Signature of the requesting member) We, the undersigned, support (full name of the requesting member) in his request for the aforesaid information. Signature Name of member(see Note 1) Hong Kong IdentityCard Number(see Note 2) NOTE: 1. Please write your full name in block letters. 2. You do not have to fill in this column if you do not have a Hong Kong Identity Card. (L.N. 238 of 1999)