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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 (December 1) and fined $13,000 at the Kwun Tong Magistracy for breaching section 43E(1) of the Mandatory Provident Fund Schemes Ordinance (the "Ordinance") by making false and misleading statement in a document submitted to the approved MPF trustee.
The defendants, Ho Shu Yau and Chui Lai Hing were charged with the offences under Section 43E(1) of the Ordinance for making false and misleading statement to the trustee and were fined $7,000 and $6,000 respectively.
According to the prosecution, the defendants applied to their trustees on August 13, 2008 and December 22, 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 recklessly provided false and misleading statements in claiming that they had not previously claimed payment of accrued benefits on the ground of permanent departure on an earlier departure date.
Meanwhile, five employers were fined $113,000 at the Kwun Tong Magistracy today, after being convicted of offences under the Ordinance.
Nam Tai Security Company Limited (BR no.: 10133722) was charged for an offence 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 between October 2008 and April 2009 and July 2009. As the defendant had previously committed the same offence, the Magistrate fined the defendant $7,000 for the first summons and $10,000 each for the remaining summonses, totaling $77,000.
Waycome (Hong Kong) Limited (BR no.: 30121113) was charged for an offence under section 7A(8) of the Ordinance. The defendant pleaded guilty to three counts of failing to make full MPF contributions for its employee within the prescribed time for the contribution periods February and April 2009. The defendant was fined $8,000 for each summons, totaling $24,000.
Mei Ming Wai Building Service Co. Limited (BR no.: 37222388) was charged for an offence under section 7(1) of the Ordinance. The defendant pleaded guilty to two counts of failing to enroll its two employees in an MPF scheme as required by the Ordinance. The defendant was fined $6,000 and $3,000 respectively for the summonses, totaling $9,000.
Hong Kong Toneset Electro-Chemical Products Co. Ltd. (BR no.: 33723746) was charged for an offence under section 7(1) of the Ordinance. The defendant had made full rectifications earlier and was fined $1,000 for the summons for failing to enroll an employee in an MPF scheme as required by the Ordinance.
Yuen Man Chu trading as Hwa Yu Company(BR no.: 30841139) was charged for an offence under section 7(1) of the Ordinance. The defendant had made full rectifications earlier and was fined $2,000 for the summons for failing to enroll an employee in an MPF scheme as required by the Ordinance.
Meanwhile, the MPFA today pursued two claims in the Small Claims Tribunal for some $8,700 on behalf of three employees, who were owed MPF contributions by theirs employers.
At the Tribunal's hearing today, two defendants, namely Yu Tak Ming Andy formerly trading as Kim Fat Restaurant and F.O.B. Instruments Limited, did not appear. In their absence, the Adjudicator ordered them to pay the MPFA the sums of $4,536 and $4,173.75, being mandatory contributions in arrears and surcharges payable.
The amounts both 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 defendants to pay $90 and $239 as the cost in respect of the claims.
Ends/Tuesday, December 1, 2009
Issued at HKT 19:55
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