This list of FAQs consists of 5 sections and 1 appendix:
| A. |
Qualification criteria |
| B. |
Registration procedures |
| C. |
Receiving the surplus funds |
| D. |
Prevention of fraudulent acts and protection of personal data |
| E. |
Others |
| Appendix: |
Electronic registration procedure |
+ A. Qualification criteria
− A. Qualification criteria
- What are the surplus funds?
The surplus funds consist of the net proceeds of sale of the properties, after deducting staff dismissal expenses, repayment of outstanding liabilities due from HKPTU, audit fees, outstanding tax liabilities and administrative expenses, and also net of this distribution’s administrative and bank charges.
- Who is qualified to the distribution of surplus funds?
According to the resolution passed at the extraordinary general meeting held on 11 September 2021, all members including regular and honourary members as of 10 August 2021 (the “Qualification Date”) are qualified to the distribution of surplus funds (excluding regular/honourary members who have terminated their membership on or after the Qualification Date). For the avoidance of doubt, family members, student members, parent-teacher members, guest members or members of any other kinds are not qualified to register. HKPTU’s membership records shall prevail.
- If a member terminates his/her membership on or before 10 August 2021, is the member qualified?
If the former member was not a member as at the Qualification Date, he/she would not be regarded as qualified for the distribution.
- If a member was still a member as at the Qualification Date, but he/she terminate his/her membership thereafter, is the member qualified?
If the former member terminates his/her membership on or after the Qualification Date, the member would not be regarded as qualified for the distribution.
- If a member has lost his/her membership card, will this affect his/her qualification?
The loss of the membership card does not affect the member’s qualification.
- If a member is not present in Hong Kong, is the member qualified?
The whereabout of a member does not affect his/her qualification. However, the member is required to provide a local mailing address or a local bank account number in order to receive the surplus funds.
- If a qualified member passes away before the Qualification Date, can his/her family members register and receive the surplus funds on his/her behalf?
If a member passes away before the Qualification Date (i.e. 10 August 2021), he/she will not be qualified to receive the surplus funds, and his/her family members should not register or receive the surplus funds on his/her behalf.
- If a qualified member passes away on or after the Qualification Date, can his/her family members register and receive the surplus funds on his/her behalf?
If a qualified member passes away on or after the Qualification Date (i.e. 10 August 2021), his/her family members can register on his/her behalf, and the surplus funds will be distributed upon successful registration. If the bank account of the deceased member has yet to be terminated, the surplus funds can be credited to his/her account. However, if the bank account of the deceased member has already been terminated, the executor of the member’s will or the estate administrator can receive the surplus funds according to their respective legal powers. Please call the hotline at 2583‑1168 or send an email to [email protected].
- Does the distribution of surplus funds have limited quotas and/or to be issued on a first-come, first-served basis?
No, every qualified member who registers within the registration period can receive the surplus funds.
+ B. Registration procedures
− B. Registration procedures
- How can qualified members register for the distribution of surplus funds?
Qualified members can register for the distribution during the registration period (that is, on or before 11 December 2023) through the electronic form available on HKPTU’s website. Should you have any technical questions accessing or filling out the online form, or should you prefer to fill out physical paper form, please call our hotline at 2583‑1168 or email us at [email protected]. Completed physical paper form shall be posted to Acclime Corporate Advisory (Hong Kong) Limited, 29/F, Lee Garden Two, Causeway Bay, Hong Kong, attention to Ms Kate Tang. Please note that qualified members who have already filled out the electronic form do not need to fill out the paper form.
- What information is required to complete the registration through the electronic form on HKPTU’s website?
Members are required to enter the following information on the electronic form:
English name, Chinese name, membership number (optional), Hong Kong Identity Card number, local contact telephone number and email address, recipient’s local bank account information or local mailing address (depending on the member’s choice to receive the surplus funds).
- How can a member know if his/her registration is completed? When will a member be notified of his/her registration result?
For registration conducted through electronic form on HKPTU’s website, the system will display an on-screen notification instantly to acknowledge receipt after successful submission. For registration submitted through paper form, no further acknowledgement or notification will be sent to the member.
- How will HKPTU handle if more than one registration is received from the same member?
Each qualified member is allowed to register once for the distribution of surplus funds. If a valid registration submitted by a member is being processed/has been processed by HKPTU, all subsequent registrations received will be regarded as duplicated registrations and will not be further processed.
- Can a member make changes to the registration record on the electronic form or switch distribution method online after successful registration?
The member will not be able to make any changes to the registration record on the electronic form after successful registration. Therefore, the member should consider his/her choices carefully during the registration process.
- If a member discovers that he/she has filled in incorrect information after submitting the registration, what should he/she do?
If a member discovers that he/she has inadvertently filled in incorrect information after submitting the registration, he/she can call the hotline at 2583‑1168 or email [email protected] to inquire his/her registration status. Upon verifying the member’s identity and relevant information, the original registration will be cancelled and the member can re-register on or after the next business day.
- Can one register for the distribution on behalf of a member (e.g. elderly family member)?
To minimise disputes and the risk of fraudulent use of personal data by others, qualified members are encouraged to register by themselves whenever possible. Members should only ask their trusted relatives or friends to assist with the registration if necessary. Members with special needs can call the hotline at 2583‑1168 or email [email protected] to contact us.
+ C. Receiving the surplus funds
− C. Receiving the surplus funds
- How much will be distributed a qualified member? Is the amount the same between regular members and honourary members?
According to HKPTU’s Constitution, the surplus funds will be distributed to all qualified members in equal share. Therefore, each qualified member (regardless of regular or honourary member) will receive the same amount of surplus funds, which is HK$3,190.
- What are the distribution methods available?
Qualified members can choose to receive the surplus funds through direct local bank transfer or crossed cheque in Hong Kong Dollars. (Only direct local bank transfer is supported since September 2024.)
- Does the beneficiary of the bank account need to be consistent with the member’s name in order to receive the surplus funds? Is it possible to authorise another individual to receive the surplus funds on behalf of a member?
To minimise disputes and prevent fraudulent acts, distribution can only be made to bank accounts whose beneficiary name is consistent with the member’s name. If direct local bank transfer is selected, the bank account must be a HKD saving/current bank account of a local bank opened by the qualified member in his/her sole or joint capacity. If crossed cheque in Hong Kong Dollars is selected, members can only deposit the cheque into a bank account opened by the qualified member in his/her sole or joint capacity.
- Can a member request HKPTU to disburse the surplus funds directly to another person (e.g. family member) or an organisation (e.g. charity)?
To minimise disputes and the risk of fraudulent use of personal data by others, HKPTU will directly distribute the surplus funds to members. Members may decide on their own how to use the surplus funds upon receipt.
- What should members do if he/she does not have any local bank account or his/her bank account has been deactivated?
Members can consider opening a new bank account to receive the surplus funds. For those members with special needs, HKPTU will provide assistance having regard to their circumstances.
- What is the validity period of a crossed cheque?
Crossed cheque in Hong Kong Dollars has a validity period of 6 months from the date of the cheque. If a member fails to deposit the cheque within the said validity period, the cheque and its funds will be invalidated. There will not be any arrangement to reissue the cheque.
- What should members do if he/she loses the crossed cheque?
Members should immediately contact HKPTU by calling the hotline at 2583‑1168 or emailing to [email protected] to stop the cheque payment. Members can apply for reissue of a crossed cheque. Nevertheless, if the loss of cheque is raised after the validity period of the cheque, HKPTU will not arrange reissue of the cheque. Please note that if a cheque needs to be reissued due to loss, members may be required to pay relevant handling fees for the replacement of the cheque.
- Can the crossed cheque be collected by a member in person or be posted via registered mail?
No. To minimise disputes, crossed cheque in Hong Kong Dollars will be posted via regular mail directly by the cheque-issuing bank. Members may consider choosing to receive the surplus funds through direct local bank transfer.
- Can the crossed cheque in Hong Kong Dollars be posted to an overseas address if the member is currently not present in Hong Kong?
To avoid mailing risks and delays, the crossed cheque in Hong Kong Dollars cannot be sent to overseas addresses. Overseas members shall choose to receive the surplus funds through direct local bank transfer.
- How do distribution methods differ? How should members make their choice?
Crossed cheque in Hong Kong Dollars needs to be sent through postal service, which may result in delays depending on the postal situation. Additionally, crossed cheque in Hong Kong Dollars has a validity period of 6 months. If a member fails to deposit the cheque within the said validity period, the cheque and its funds will be invalidated and HKPTU will not arrange reissue of the cheque. Funds can be deposited directly and may arrive sooner via local bank transfer than crossed cheque.
- Will any handling fee be charged under the distribution methods?
There should not be any handling fee under either distribution method. Members can choose the distribution method according to their needs or preferences. If members have no preferences, HKPTU recommends the use of local bank transfer, which provides better tracking information than that of crossed cheques to resolve issues that may arise. Please note that, as the crossed cheques are in Hong Kong Dollars, if members decide to deposit crossed cheques into non-Hong Kong local bank account or a bank account not denominated in Hong Kong Dollars, banks may not accept the crossed cheque or they may charge handling fees accordingly.
- Will all qualified members receive the surplus fund at the same time?
HKPTU will distribute the surplus funds in batches according to the overall registration progress, the reliability of data received and available resources. The distribution is expected to be made in 3 to 6 months’ time after the registration period.
- How can members inquire about the distributed surplus funds?
HKPTU will announce the dates of batched distribution of surplus funds on HKPTU’s website. For those members who have registered using the electronic form, they may check the dates of distribution on HKPTU’s website; and if they have not received the bank transfer or cheque after two weeks from the specified dates of distribution, please send an email to [email protected] and provide the following information:
English name, Chinese name, membership number (optional), Hong Kong Identity Card number, registration number and copy of registration notification received through the completed electronic form.
For those members who have registered using physical paper form, if they have not received the bank transfer or cheque after a long period of time, please send an email to [email protected] and provide the information as mentioned above.
+ D. Prevention of fraudulent acts and protection of personal data
− D. Prevention of fraudulent acts and protection of personal data
- How does HKPTU prevent culprits from impersonating HKPTU or its contractors and making calls or sending emails to registered members to obtain information? How can members verify the authenticity of such calls?
To protect the personal data of members and prevent fraudulent acts, the staff of HKPTU (or its contractors) are not authorised to make changes to the members’ registration information on their behalf. Neither will they call nor email the members to obtain their personal information. If members make enquiries or seek assistances by calling the hotline at 2583‑1168 or by sending an email to [email protected], staff of HKPTU and its appointed contractors will provide assistance upon verifying the member’s identity and relevant information. HKPTU and its appointed contractors will only send notifications to members on matters relating to the distribution of surplus funds via the designated telephone number 2583‑1168 or email [email protected]. Members who have doubts about the authenticity of calls and emails may call the hotline at 2583‑1168 or send an email to [email protected].
- How to prevent impersonation or fraudulent use of identity for registration or changing the distribution method used by an existing member?
For the member using the electronic form for registration, the system will record the member’s identity information for verification purpose. Duplicated registration or request for amendment of registration record is not allowed. Any subsequent duplicate registration will not be further processed.
HKPTU believes that such arrangements help prevent impersonation or fraudulent use of identity. Cases involving possible illegal acts will be referred to the Police for further investigation. Members should also handle their personal data with care, and if necessary, only ask their trusted relatives or friends to assist with the registration.
- How can members verify the authenticity of the notifications received through SMS or email?
HKPTU and its contractors will only send notifications to members via the designated telephone number 2583‑1168 or email address [email protected] on matters relating to the distribution of surplus funds. The SMS or email messages will not contain any links to non-HKPTU websites or request members to provide personal information more than those required for registration. Members should stay alert of phishing emails and online scams, should not click links to non-HKPTU’s websites provided in suspicious SMS or email messages and should be cautious in disclosing any personal information to other persons.
- What should a member do if he/she discovers fraudulent use of his/her identity for registration?
Any member who discovers fraudulent use of his/her identity for registration should immediately contact HKPTU by calling the hotline at 2583‑1168 or emailing to [email protected]. HKPTU will, in the light of the circumstances of the case, take appropriate follow-up actions, including suspending the disbursement of surplus fund and requesting the member concerned to contact HKPTU for verification of identity. Members who think that there is fraudulent use of their personal data may also consider reporting to the Police for assistance.
- Will the information provided by members be used for other purposes?
The collected information will be processed by the appointed contractors with compliance with the Hong Kong laws solely for the purpose of distributing surplus funds and will be destroyed upon completion of distribution and audit. Without the prior consent of the members, HKPTU will not use the collected information for any purposes other than those mentioned above.
- How long will the data be retained?
The distribution of surplus funds may take approximately 6 months to 1 year; relevant data will be destroyed upon completion of distribution and audit.
- How can HKPTU ensure that the contractors and sub-contractors involved in assisting with the distribution of surplus funds can safeguard the personal data provided by members?
All computer systems and contractors that are involved in assisting with the distribution of surplus funds have undergone information security management assessment to protect the personal data of members with compliance with the Hong Kong laws.
- What should members be aware of if someone actively offers assistance to register or to amend registration records for distribution?
Members should always handle their personal data with care. Staff of HKPTU or its contractors will not offer assistance in registering or amending registration records for distribution. If members make enquiries or seek assistances by calling the hotline at 2583‑1168 or by sending an email to [email protected], staff of HKPTU and its appointed contractors will provide assistance upon verifying the member’s identity and relevant information.
When seeking assistances from others to register or to amend registration records for the distribution, members should be aware of the followings:
- Owing to the involvement of personal data in registration records, members should only ask their trusted relatives or friends to assist with the registration;
- Do not provide excessive personal information. If members are asked to provide more information than what is required for registration (please refer to FAQ 11), they should ask for an explanation; and
- Keep a record of the name and contact information of the person collecting the data and the name of the organisation that he/she represents.
+ E. Others
− E. Others
- Can bankrupts register for the distribution of surplus funds?
Any person who meets the qualification criteria (please refer to FAQ 2) may register for the distribution. Bankrupts should inform their bankruptcy trustees in relation to the payment arrangement of the distribution.
- Do bankrupts need to return the funds received during the bankruptcy period to the Official Receiver’s Office (“ORO”) for debt repayment?
According to the Bankruptcy Ordinance, an undischarged bankrupt shall report on a regular basis to his/her trustee details of any property he/she acquired during the bankruptcy period, and the trustee may by notice in writing claim for that property.
For bankruptcy cases in which the ORO acts as the trustee, an undischarged bankrupt shall notify the ORO in respect of the fund he/she has received for the ORO to decide whether to make a claim or not. For enquiries, a bankrupt should contact the responsible case officer of the ORO direct by:
- Clicking “Contact Us” and searching for the officer concerned under “Contact Responsible Case Officers” on the ORO’s website (www.oro.gov.hk); or
- Calling the ORO hotline 2867‑2448.
For other cases where the ORO is not the trustee, it is up to individual trustees to decide how to deal with the distribution. An undischarged bankrupt should contact his/her trustee directly.
- How long will the distribution process take?
We will process the registrations as soon as possible. However, the duration of the distribution process can vary depending on several factors including but not limited to number of registrations, complexity of distribution and administrative procedures. In general, the entire distribution process may take 6 months to 1 year.
- Will you report to the members after completing the distribution process?
After completing the distribution process, HKPTU will engage an independent accountant for auditing, as usual, and the progress of the dissolution will be made available on HKPTU’s website.
- What will happen if there are any surplus funds after distribution?
Should there be any surplus fund available upon the finalisation of the distribution and all necessary administrative tasks, HKPTU will donate such fund, in accordance with HKPTU’s Constitution and the resolutions in relation to the dissolution, to educational or approved charitable entities in Hong Kong.
- What is Acclime? What is the relationship between HKPTU and Acclime? What are Acclime’s business hours?
Acclime Corporate Advisory (Hong Kong) Limited (“Acclime”, formerly known as RSM Corporate Advisory (Hong Kong) Limited), is engaged by HKPTU to handle the distribution of surplus funds. Acclime’s office hours are Monday to Friday 9:00 a.m. to 12:30 p.m., 1:30 p.m. to 5:30 p.m. (closed on Saturdays, Sundays and Public Holidays).
+ Appendix: Electronic registration procedure
− Appendix: Electronic registration procedure
- Read “Declaration of registrant” and click the “Agree” button to indicate acceptance of the terms;
- Enter the following information:
- Name in Chinese and in English;
- Membership number (shown on the upper-middle part of the membership card; optional);
- Membership category (regular/honourary member);
- First 4 digits and the check digit of Hong Kong Identity Card;
- Local contact telephone number;
- Contact email address;
- Choice of distribution method (bank transfer/crossed cheque);
- For bank transfer: bank name, bank account number (including branch code) and name of account holder;
- For crossed cheque: local mailing address and name of account holder;
- Click the “Submit” button to submit the registration;
- Retain a copy of the registration number for record upon registration.
