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Legislation & Regulations



20 July 2001

To : All Approved Trustees of Registered Schemes

Dear Sirs,

Handling of complaints by employees against employers

As you are aware, the Authority receives and handles complaints from employers and relevant employees every day. The majority of them relate to non-enrolment by employers, default contributions, failure to issue pay records or forcing employees to become self-employed persons.

It is the practice of the Authority to request information, such as copies of remittance statements, from the approved trustee to assist the Authority in investigating into these complaints. In these situations, the Authority considers that the interests of the complainants must be protected. In particular, the identity of the complainant and any details of the complaint must not be disclosed to the target employer. Such disclosure may be detrimental to the complainant. It is therefore of paramount importance that requests for information relating to the complaints should be treated in strict confidence by the approved trustee and its appointed administrator. In this respect, the approved trustees are reminded to review their existing procedures to ensure this requirement is observed. Approved trustees should also remind their staff and those of their appointed administrators, if applicable, to observe this requirement.

The Authority takes this opportunity to remind approved trustees of the requirement under section 41 of the Mandatory Provident Fund Schemes Ordinance (the "Ordinance"). Section 41 specifies that a person who obtains information in the exercise or performance of functions conferred or imposed by or under the Ordinance must not disclose the information to any other person, unless the disclosure is necessary in order to exercise or perform those functions; and must not enable another person to have access to the information, except in so far as that access is necessary to allow that other person to exercise or perform functions under or for the purposes of the Ordinance.

Should you have any queries, please do not hesitate to contact your case officer.

Yours faithfully,

(Ms. Hendena Yu)
Chief Operating Officer (Compliance)

Last Revision Date: 17/10/2014