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The following is issued on behalf of the Mandatory Provident Fund Schemes Authority:
Two scheme members of Mandatory Provident Fund (MPF) Scheme were convicted today (7 July 2009) and fined $14,000 at the Kwun Tong Magistracy for breaching section 43E(1) of the Mandatory Provident Fund Schemes Ordinance by making false and misleading statement in a document submitted to the approved MPF trustee.
The defendant, Chow Kwok Keung was charged with the offence under Section 43E(1) of Mandatory Provident Fund Schemes Ordinance for making false and misleading statement to the trustee and was fined $7,000.
While the defendant, So Kwai Ming was charged with the offence under Section 43E(1) of Mandatory Provident Fund Schemes Ordinance for making false and misleading statement to the trustee and was fined $7,000.
According to the prosecution, the defendants applied to their trustees on 27 August and 22 October 2008 respectively for early withdrawal of their MPF accrued benefits on the ground of permanent departure. Investigation by the MPFA found that the defendants had deliberately provided false statements of permanent departure but in fact they did not depart from Hong Kong permanently.
Meanwhile, three officers and 11 employers were fined $181,400 at the Kwun Tong Magistracy today (7 July), after being convicted of offences under the Mandatory Provident Fund Schemes Ordinance (Cap. 485) (the ¡§Ordinance¡¨).
Sham Hau Tak, officer of Gold Rising Foods Company Limited (BR no.: 32017687), was charged for offences under section 7A(8) and section 44 of the Ordinance. The defendant pleaded guilty to 26 counts of failing to make MPF contributions for an employee within the prescribed time for the contribution period between November 2002 and December 2003, between October 2006 and January 2007 and between March and October 2008. The defendant was fined $2,000 for each summons, totaling $52,000.
Gold Rising Foods Company Limited was also charged for an offence under section 7A(8) of the Ordinance. The defendant pleaded guilty to 26 counts of failing to make MPF contributions for its employee within the prescribed time for the contribution periods between November 2002 and December 2003, between October 2006 and January 2007 and between March and October 2008. The defendant was fined $2,000 for each summons, totaling $52,000.
Wong Git Yuen Albert, Officer of Asia Intelligence (HK) Ltd.(BR no.: 36248062) was charged for offences under section 7A(8) and section 44 of the Ordinance. The defendant pleaded guilty to 13 counts of failing to make MPF contributions for an employee within the prescribed time for the contribution period between September 2007 and November 2007, March 2008 and, between May 2008 and January 2009. The defendant was fined $1,000 for each summons, totaling $13,000.
Asia Intelligence (HK) Ltd. was also charged for an offence under section 7A(8) of the Ordinance. The defendant pleaded guilty to 13 counts of failing to make MPF contributions for its employee within the prescribed time for the contribution periods between September 2007 and November 2007, March 2008 and, between May 2008 and January 2009. The defendant was fined $1,000 for each summons, totaling $13,000.
Wong Yuen Ming, Officer of Wah Tai Farm Company Limited (BR no.: 17122958) was charged for offences under section 7A(8) and section 44 of the Ordinance. The defendant pleaded guilty to 30 counts of failing to make MPF contributions for an employee within the prescribed time for the contribution period between April 2006 and September 2008. The defendant was fined $1,000 for the first summons and $300 each for the remaining summonses, totaling $9,700.
Wah Tai Farm Company Limited was also charged for an offence under section 7A(8) of the Ordinance. The defendant pleaded guilty to 30 counts of failing to make MPF contributions for its employee within the prescribed time for the contribution periods between April 2006 and September 2008. The defendant was fined $1,000 for the first summons and $300 each for the remaining summonses, totaling $9,700.
Pakco Security (HK) Limited (BR no.: 20840371) was charged for an offence under section 7A(8) of the Ordinance. The defendant pleaded guilty to five counts of failing to make MPF contributions for its employee within the prescribed time for the contribution periods between September 2008 and January 2009. The defendant was fined $1,500 for the first two summonses and $2,000 each for the remaining summonses, totaling $9,000.
Goldrush International Limited trading as Top Choice (BR no.: 30333120) was charged for an offence under section 7A(8) of the Ordinance. The defendant pleaded guilty to three counts of failing to make MPF contributions for its employee within the prescribed time for the contribution periods between September and November 2008. The defendant was fined $1,000 for the first two summonses and $1,500 for the remaining summons, totaling $3,500.
Teem Profit Alliance Limited(BR no.: 36586270) pleaded guilty to an offence under section 7(1) of the Ordinance. The defendant was fined $5,000 for the summons for failing to enroll an employee in an MPF scheme as required by the Ordinance.
Lamma Hilton Shum Kee Seafood Restaurant Limited (BR no.: 21613068) pleaded guilty to an offence under section 7(1) of the Ordinance. The defendant was fined $3,000 for the summons for failing to enroll an employee in an MPF scheme as required by the Ordinance.
Loyalty Holding Limited (BR no.: 33792343) pleaded guilty to an offence under section 7(1) of the Ordinance. The defendant was fined $3,000 for the summons for failing to enroll an employee in an MPF scheme as required by the Ordinance.
Loyalty-Union International Holdings Limited (BR no.: 38516988) pleaded guilty to an offence under section 7(1) of the Ordinance. The defendant was fined $3,000 for the summons for failing to enroll an employee in an MPF scheme as required by the Ordinance.
Franco Mercantile Agency Ltd.(BR no.: 17917113) pleaded guilty to an offence under section 7(1) of the Ordinance. The defendant was fined $3,000 for the summons for failing to enroll an employee in an MPF scheme as required by the Ordinance.
Yiu Man Chi trading as Connie Beauty Centre(BR no.:37213909) pleaded guilty to an offence under section 7(1) of the Ordinance. The defendant was fined $2,500 for the summons for failing to enroll an employee in an MPF scheme as required by the Ordinance.
The MPFA today pursued nine claims in the Small Claims Tribunal for some $118,000 on behalf of 17 employees, who were owed MPF contributions by their employers.
At the Tribunal's hearing today, a defendant, Tam Chuen Wai formely trading as Wai Lee, did not dispute the amount claimed. The Adjudicator ordered it to pay the MPFA the sum of $42,663.53, being mandatory contributions in arrears and surcharges payable.
The other eight defendants, namely Quicksenda Company Limited, Yeung Ka Lai trading as Sing Travel Company, Sam¡¦s & Associates Limited, Hentech Technologies Limited, Sun Union Property Service Limited, Wise Forward Limited trading as¥ì¶P¤é¥»®Æ²z, Cheung Kan Man trading as Wealth production Co.and Khan Nadin trading as New Famous Fashions, did not appear at today¡¦s hearing. In their absence, the Adjudicator ordered them to pay the MPFA the sums of $42,214.72, $10,995.66, $10,262.9, $6,825,$4,505,$797.06,$840 and $252.76,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 ordered the defendant to pay $220,$180,$129,$153,$135,$106,$125,$109 and $109 as the costs in respect of the claims.
Ends/Tuesday, July 7, 2009
Issued at HKT 20:33
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