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The following is issued on behalf of the Mandatory Provident Fund Schemes Authority:
Four scheme members of the Mandatory Provident Fund (MPF) Scheme were convicted today (January 4) and fined a total of $19,000 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.
A defendant, Wong Kin Cheung, was charged with the offence under Section 43E(1) of the Ordinance for making false and misleading statements to the trustee and was fined $6,000.
Another defendant, Wong Ying Ho, was charged with the offence under Section 43E(1) of the Ordinance for making false and misleading statements to the trustee and was fined $6,000.
A third defendant, Ho Yat 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 $4,000.
The fourth defendant, Yuen Shui Kam, was charged with the offence under Section 43E(1) of the Ordinance for making false and misleading statements to the trustee and was fined $3,000.
According to the prosecution, the defendants applied to their trustees on January 29, 2008; May 7, 2009; April 7, 2009, and April 8, 2009, respectively for early withdrawal of their MPF accrued benefits on the ground of permanent departure. Investigations by the MPFA found that the first three 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, and the remaining defendant had deliberately provided false statements of permanent departure but in fact did not depart from Hong Kong permanently.
Meanwhile, an officer and six employers were fined a total of $139,000 at the Kwun Tong Magistracy today, after being convicted of offences under the Ordinance.
Susanna Pui Ying Davidson, an Officer of S & D Landscape Design Limited, was charged for an offence under section 7A(8) and section 44 of the Ordinance. The defendant pleaded guilty to 13 counts of failing to make full MPF contributions for her employee within the prescribed time for the contribution periods between June 2008 and June 2009. The defendant was fined $1,500 each for the first five summonses, $4,000 for the sixth summons and $3,000 each for the remaining summonses, totalling $32,500.
S & D Landscape Design Limited was also charged for an offence under section 7A(8) and section 44 of the Ordinance. The defendant pleaded guilty to 13 counts of failing to make full MPF contributions for its employee within the prescribed time for the contribution periods between June 2008 and June 2009. The defendant was fined $1,500 each for the first five summonses, $4,000 for the sixth summons and $3,000 each for the remaining summonses, totalling $32,500.
Union Eternal Engineering Limited was charged for an offence under section 7A(8) of the Ordinance. The defendant pleaded guilty to 11 counts of failing to make MPF contributions for its employee within the prescribed time for the contribution period between July 2008 and May 2009. The defendant was fined $1,500 each for the first four summonses and $4,000 each for the remaining summonses, totalling $34,000.
Lau Tak Chi trading as Elite Optical Co. was charged for an offence under section 7A(8) of the Ordinance. The defendant pleaded guilty to one count of failing to make MPF contributions for its employee within the prescribed time for the contribution period in November 2007. The defendant was fined $2,000.
The Incorporated Management Committee of Christian Alliance H.C. Chan Primary School of the Kowloon Tong Church of The Chinese Christian And Missionary Alliance, Hong Kong, was charged for offences under section 7A(2)(a) of the Ordinance. The defendant pleaded guilty to 10 counts of failing to make MPF contributions for an employee from the employer's own funds to the relevant registered scheme for the contribution periods between November 2008 and August 2009. The defendant was fined $3,000 for each summons, totalling $30,000.
Chan Ka Leung trading as Famous Optical Co. was charged for an offence under section 7(1) of the Ordinance. The defendant pleaded guilty to one count of failing to enroll its employee in an MPF scheme as required by the Ordinance. The defendant was fined $6,000.
Lam Man Lung trading as Kam Fai Contractor Decoration Co. was charged for an offence under section 7(1) of the Ordinance. The defendant pleaded guilty to one count of failing to enroll its employee in an MPF scheme as required by the Ordinance. The defendant was fined $2,000.
The MPFA today pursued five claims in the Small Claims Tribunal for some $95,000 on behalf of six employees, who were owed MPF contributions by their employers.
At the Tribunal's hearing today, one of the defendants, F-1 Merchandising and Promotion (HK) Limited, did not dispute the amount claimed. The Adjudicator ordered it to pay the MPFA the sum of $26,890, being mandatory contributions in arrears and surcharges payable.
The other four defendants, namely Brilliant Education Group Limited trading as Brilliant Learning Centre, France Decor Limited, Picotech Electronic (Hong Kong) Limited and The Mackay Holdings Limited, did not appear. In their absence, the Adjudicator ordered them to pay the MPFA the sums of $30,366, $23,540, $8,400 and $6,500, being mandatory contributions in arrears and surcharges payable.
The amounts awarded 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 $159, $120, $149, $151 and $138 as the costs in respect of the claims.
Ends/Monday, January 4, 2010
Issued at HKT 18:43
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