These Rules define “section 17B application,” require the Authority to seek court directions after issuing an originating summons, and specify that High Court Rules apply unless inconsistent.
Mandatory Provident Fund Schemes (Compensation Claims) Rules(Cap. 485, section 17B)(Enacting provision omitted—E.R. 4 of 2019)[1 December 2000](Format changes—E.R. 4 of 2019) 1. (Omitted as spent—E.R. 4 of 2019) 2. Definition In these Rules, section 17B application (第17B條申請) means an application mentioned in section 17B(1) of the Ordinance. 3. Rules of High Court apply to section 17B applications The Rules of the High Court (Cap. 4 sub. leg. A) apply to a section 17B application to the extent that those Rules are not inconsistent with these Rules.(E.R. 4 of 2019) 4. Requirements as to making of section 17B applications (1) A section 17B application must be made by originating summons. (2) A section 17B application must be accompanied by—(a) a report containing the information mentioned in section 185 of the Mandatory Provident Fund Schemes (General) Regulation (Cap. 485 sub. leg. A); and (E.R. 4 of 2019)(b) an affidavit of a designated person as defined by section 6F(5) of the Ordinance. (40 of 2021 s. 109)(3) The affidavit referred to in subrule (2)(b) must—(a) verify the contents of the report referred to in subrule (2)(a); and(b) state the deponent’s belief in the matters mentioned in section 17B(1)(a), (b) and (c) of the Ordinance.(4) A section 17B application must also contain such information, and be accompanied by such other documents, as may be required by the Ordinance. 5. Authority to apply to Court for directions As soon as practicable after issuing an originating summons for a section 17B application, the Authority must apply to the Court for directions as to—(a) who should be added as a party to the proceedings; and(b) who should receive notice of the proceedings.