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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 (December 7) 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 statements submitted in documents to the approved MPF trustees.
One defendant, Kuet Kai Ming, was charged with the offence under Section 43E(1) of the Ordinance for making false and misleading statements to the trustee and was fined $7,000.
Another defendant, Yiu Kwong Lam, was charged with the offence under Section 43E(1) of the Ordinance for making false and misleading statements to the trustee and was fined $7,000.
According to the prosecution, the defendants applied to their trustees on January 30 and February 5, 2009, respectively for early withdrawal of their MPF accrued benefits on the grounds 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 grounds of permanent departure on an earlier departure date.
Meanwhile, an officer and three employers were fined $237,000 at the Kwun Tong Magistracy today after being convicted of offences under the Ordinance.
Fung Wing Ha, officer of GoWin Technology Enterprise Limited (formerly known as Asia Trendy) pleaded guilty to an offence under section 7(1) and section 44 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.
GoWin Technology Enterprise Limited (formerly known as Asia Trendy) was also charged for an offence under section 7AA(7) of the Ordinance. The defendant pleaded guilty to four 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 March and June 2009. The defendant was fined $3,000 for each summons, totalling $12,000.
Yau Yee Kwong trading as Chu Kee was 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 period between December 2000 and September 2005. The defendant was fined $7,000 for each summons, totalling $210,000.
National Holdings Group Limited 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 period between March and May 2009. The defendant was fined $5,000 for the first summons, $4,000 for the second summons and $3,000 for the third summons, totalling $12,000.
The MPFA today pursued a claim in the Small Claims Tribunal for some $2,000 on behalf of an employee, who was owed MPF contributions by his employer.
At the Tribunal's hearing today, the defendant Liu Ming, formerly trading as Sun Wing Lai Hair Style Centre, did not appear. In its absence, the Adjudicator ordered it to pay the MPFA the sum of $2,075.81,being mandatory contributions in arrears and surcharges payable.
The amount awarded at the Tribunal will be reimbursed to the employee's MPF account as soon as it is received by the MPFA. The Tribunal ordered the defendant to pay $159 as the cost of the claim.
Ends/Monday, December 7, 2009
Issued at HKT 20:08
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