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Government Proposes Full Disciplinary Powers for MPFA: Reprimands, Fines, Licence Revocation

2011-08-01
Marcus Tang

The Financial Services and Treasury Bureau proposes vesting all disciplinary powers in the MPFA — reprimands, fines, suspension and deregistration — with frontline regulators actively joining disciplinary proceedings for consistency. Target: table the bill in Q4 this year, pass it within this LegCo term, so the Employee Choice Arrangement launches in the second half of next year.

The proposal

ItemDetail
Powers vestedReprimand, fine, suspend, deregister
Frontline regulators’ roleActive participation for consistency
Legal basisCurrent administrative regime, suitably improved
New offenceUnregistered intermediaries barred from MPF selling and promotion
Supervisory powersInspection, investigation, discipline for registered-intermediary compliance
Consultation outcome13 submissions (28 Mar–28 Jul); most back legislation

Companion piece: intermediary code of conduct

The MPFA is drafting a new code of conduct giving compliance guidance, with a draft for industry consultation in Q4.

Why the rush?

Because the Employee Choice Arrangement (semi-portability) is due in H2 next year — without statutory regulation, intermediary chaos will only magnify in the choice era. Teeth first, liberalisation after — that order can’t be reversed. Compare MPF funds’ fees and returns at MPF fund comparison.

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