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The following is issued on behalf of the Mandatory Provident Fund Schemes Authority:
A scheme member of Mandatory Provident Fund (MPF) Scheme was today (November 2) convicted and fined $6,000 at the Kwun Tong Magistracy for breaching section 43E(1) of the Mandatory Provident Fund Schemes Ordinance by making false and misleading statements in documents submitted to two approved MPF trustees.
The defendant, Yip Yat Ming, pleaded guilty to two counts of making false and misleading statements to the trustees and was fined $3,000 on each charge, totaling $6000.
The court heard that the defendant applied to his trustees on May 6, 2008, for early withdrawal of his MPF accrued benefits on the ground of permanent departure. Investigation by the MPFA found that the defendant had recklessly provided false and misleading statements in claiming that he had not previously claimed payment of accrued benefits on the ground of permanent departure on an earlier departure date.
Meanwhile, a company officer and four employers were fined $77,000 at the Kwun Tong Magistracy today, after being convicted of offences under the ordinance.
Chau Janely, officer of J's Publications Limited, was charged with offences under section 7A(8) and section 44 of the ordinance. The defendant pleaded guilty to 18 counts of failing to make MPF contributions for two employees within the prescribed time for the contribution period between July 2008 and May 2009. The defendant was fined $2000 for each summons, totaling $36,000.
Good Environment Services Limited was charged under section 7AA(7) of the Ordinance, pleading guilty to five counts of failing to make MPF contributions for its relevant employee who was not a member of registered scheme within the prescribed time for the contribution periods between February and June 2009. The defendant was fined $2,000 for each summons.
Good Environment Services Limited was also charged under section 7(1) of the ordinance and was fined $2,000 for the summons for failing to enrol an employee in an MPF scheme as required by the ordinance.
Gainway Cleaning Limited was charged under section 7A(8) of the ordinance. The defendant pleaded guilty to eight counts of failing to make full MPF contributions for its employee within the prescribed time for the contribution periods November 2008 and June 2009. The defendant was fined $3000 for each summons, totaling $24,000.
International Christian Concern Limited was charged under section 7A(8) of the ordinance and pleaded guilty to a count of failing to make full MPF contributions for its employee within the prescribed time for the contribution in May 2009. The defendant was fined $2,000.
Yat Fung Motor Bus Company Limited was charged under section 7(1) of the ordinance and was fined $3,000 for failing to enrol an employee in an MPF scheme.
The MPFA today pursued six claims in the Small Claims Tribunal for about $80,000 on behalf of eight employees, who were owed MPF contributions by theirs employers.
One defendant, Hang Kee Construction & Engineering Company Limited, did not dispute the amount claimed. The Adjudicator ordered it to pay the MPFA $28,431.29, being mandatory contributions in arrears and surcharges payable.
The other five defendants, Joint Well Management Limited, Tin Chi Yuen trading Company Limited, Tsui Oi Ling trading as Shun Tat Debt Collection Service Co, Joyful Management & Security Co Limited and Guide A-way International Food Company Limited trading as Guide A-way International Food Company, did not appear. In their absence, the Adjudicator ordered them to pay the MPFA $21,735, $9,885, $8,312.12, $6,064.28 and $5,670.85, being mandatory contributions in arrears and surcharges payable.
The Adjudicator also ordered the defendant, Joint Well Management Limited to pay the MPFA $5,000 as financial penalty imposed by the MPFA for failure to make MPF contributions for employees.
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 costs of $130, $136, $119, $129, $90 and $110.
Joint Well Management Limited was previously fined $11,000 and Joyful Management & Security Co Limited previously fined $5,500 on 11 and two counts respectively of failing to make MPF contributions on time.
Ends/Monday, November 2, 2009
Issued at HKT 19:39
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