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Convictions for making false statements to claim MPF benefits
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The following is issued on behalf of the Mandatory Provident Fund Schemes Authority:

     Two scheme members of the Mandatory Provident Fund (MPF) Scheme were convicted today (November 10) and fined $12,000 at the Kwun Tong Magistracy for breaching section 43E(1) of the Mandatory Provident Fund Schemes Ordinance by making false and misleading statements submitted in documents to the approved MPF trustees.

     Both the defendants, Wan Tik-On and So Wing-Wah, were charged with the offence under Section 43E(1) of the Ordinance for making false and misleading statements to the trustee and were each fined $6,000.

     According to the prosecution, the defendants applied to their trustees on April 7 and May 7, 2009, respectively for early withdrawal of their MPF accrued benefits on the grounds of permanent departure. Investigation by the Mandatory Provident Fund Schemes Authority (MPFA) found that the defendants had recklessly provided false and misleading statements in claiming that they had not previously claimed payment of accrued benefits on the grounds of permanent departure on an earlier departure date.

     Meanwhile, an officer and three employers were fined $85,500 at the Kwun Tong Magistracy today, after being convicted of offences under the Ordinance.

     Mak Wai-Tung, Officer of TMCC Group Limited, was charged for an offence under section 43E(1) of the Ordinance for making false or misleading statements. The defendant pleaded guilty to six counts of misreporting the relevant income of an employee to the trustee. The defendant was fined $4,000 for each summons, totalling $24,000.

     TMCC Group Limited was also charged for an offence under section 7A(8) of the Ordinance. The defendant pleaded guilty to six counts of failing to make full MPF contributions for its employee within the prescribed time for the contribution periods between October 2008 and March 2009. The defendant was fined $2,000 for each summons, totalling $12,000.

     Hang Kee Construction & Engineering Company Limited, was charged for an offence under section 7AA(7) of the Ordinance. The defendant pleaded guilty to three counts of failing to make MPF contributions to the MPFA for its employee who was not a member of a registered scheme within the prescribed time for the contribution periods between November 2008 and January 2009. The defendant was fined $4,500 for the first two summonses and $3,500 for the remaining summons, totalling $12,500.

     Hang Kee Construction & Engineering Company Limited was also charged for an offence under section 7A(8) of the Ordinance. The defendant pleaded guilty to four counts of failing to make MPF contributions for its employee within the prescribed time for the contribution period between February and May 2009. The defendant was fined $4,500 for one summons and $3,500 each for the remaining summonses, totalling $15,000.

     Jointex Engineering Consultant Limited was charged for an offence under section 7AA(7) of the Ordinance. The defendant pleaded guilty to nine counts of failing to make MPF contributions to the MPFA for its employee who was not a member of a registered scheme within the prescribed time for the contribution periods between September 2008 and May 2009. The defendant was fined $2,000 for each summons, totalling $18,000.

     Jointex Engineering Consultant Limited was also charged for an offence under section 7A(8) of the Ordinance. The defendant pleaded guilty to two counts of failing to make MPF contributions for its employee within the prescribed time for the contribution periods between June and July 2009. The defendant was fined $2,000 for each summons, totalling $4,000.

Ends/Tuesday, November 10, 2009
Issued at HKT 19:57

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