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Company director and employer fined for breaching MPFS Ordinance
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The following is issued on behalf of Mandatory Provident Fund Schemes Authority:

     A company director and an employer were fined $40,000 at the Kwun Tong Magistracy today (August 5), after being convicted of offences under the Mandatory Provident Fund Schemes Ordinance(CAP 485).

     Barrett Stuart McCutcheon, director of Q Language Limited, formerly named The Park Language Group Limited (Business Registration Number: 22303670), pleaded guilty to offences under section 7(1) and section 44 of the ordinance. The defendant pleaded guilty to a count for failing to enroll one employee in MPF schemes as required by the ordinance and was fined $10,000 for the summons.

     The defendant was also charged for offences under section 7A(8) and section 44 of the ordinance. The defendant pleaded guilty to two counts of failing to make MPF contributions for an employee within the prescribed time for the contribution period between April and May 2007. The defendant was fined $8,000 for the first summons and $4,000 for the second summons, totalling $12,000. The defendant was fined $22,000 in total for three summonses.

     Cheng Chi Ho Danny trading as Tak Lok Fashion Factory (Business Registration Number: 07076012) was charged for an offence under section 7A(8) of the ordinance. The defendant pleaded guilty to seven counts of failing to make MPF contributions for its employee within the prescribed time for the contribution periods between November 2006 and May 2007. The defendant was fined $6,000 for the first summons and $2,000 each for the remaining summonses, totalling $18,000.

     Meanwhile, the MPFA today also pursued seven claims in the Small Claims Tribunal for some $100,000 on behalf of 17 employees, who were owed MPF contributions by their employers.

     At the tribunal's hearing today, the defendant, Wong Ka Kee trading as C & K Engineering Co., did not dispute the amount claimed. The adjudicator ordered him to pay the MPFA the sum of $26,642.85, being mandatory contributions in arrears and surcharges payable.

     The other six defendants, namely Multi Tone Hong Kong Development Limited trading as Man Ho Seafood Restaurant, Fidelity Concept Development Limited trading as Royal Plaza Restaurant, Hongkong Bright Holdings Limited trading as Royal Plaza Court Seafood Restaurant, Adrian Engineering Limited, Source Bonus Limited and Plenty Profit Holdings Limited trading as Lucky Fellow Restaurant, did not appear at today's hearing. In their absence, the adjudicator ordered them to pay the MPFA the sums of $23,091.16, $18,835.41, $16,196.14, $8,526, $4,298.57 and $3,098.57, being mandatory contributions in arrears and surcharges payable.

     The amounts awarded at the tribunal will be reimbursed to the employees' MPF accounts as soon as they are received by the MPFA. The tribunal further ordered the respective defendants to pay $120, $120, $190, $90, $166, $166 and $90 as the costs in respect of the claims.

     Multi Tone Hong Kong Development Limited trading as Man Ho Seafood Restaurant, Hongkong Bright Holdings Limited trading as Royal Plaza Court Seafood Restaurant and Plenty Profit Holdings Limited trading as Lucky Fellow Restaurant, pleaded guilty previously at Kwun Tong Magistracy to, respectively, one count of failing to enroll its employee in an MPF scheme as required by the ordinance, and seven and 11 counts of failing to make MPF contributions on time. They were fined $10,000, $18,000 and $32,500 respectively.

Ends/Tuesday, August 5, 2008
Issued at HKT 18:16

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