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

     Three scheme members of Mandatory Provident Fund (MPF) Scheme were convicted today (April 20) and fined $17,000 at the Kwun Tong Magistracy for breaching section 43E(1) of the Mandatory Provident Fund Schemes Ordinance (the "Ordinance") by making false and misleading statements submitted in documents to the approved MPF trustees.

     The defendant, Yeung Man Wai was charged with the offence under Section 43E(1) of the Ordinance for making false and misleading statement to the trustee and was fined $4,000.

     The defendant, Ho Sai Man was charged with the offence under Section 43E(1) of the Ordinance for making false and misleading statement to the trustee and was fined $6,000.

     The defendant, Leung Hok Yin was charged with the offence under Section 43E(1) of the Ordinance for making false and misleading statement to the trustee and was fined $7,000.

     According to the prosecution, the defendants applied to their trustees on June 1, 2009, June 6, 2009 and September 4, 2009 respectively for early withdrawal of their MPF accrued benefits on the ground of permanent departure. Investigation by the MPFA found that the 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.

     Moreover, six employers were fined $59,000 at the Kwun Tong Magistracy today, after being convicted of offences under the Ordinance.

     Ip Pui Sum, Partner of Sum, Aruthur & Co., was charged for an offence under section 7(1) of the Ordinance. The defendant was fined $2,000 for the summons for failing to enroll its employee in an MPF scheme as required by the Ordinance.

     Ip Pui Lam, Partner of Sum, Aruthur & Co., was charged for an offence under section 7(1) of the Ordinance. The defendant was fined $2,000 for the summons for failing to enroll its employee in an MPF scheme as required by the Ordinance.

     Eaglefair Management Limited, was charged for an offence under section 7(1) of the Ordinance. The defendant was fined $4,000 for the summons for failing to enroll its employee in an MPF scheme as required by the Ordinance.

     Eaglefair Management Limited was also charged for offences under section 7A(8) of the Ordinance. The defendant pleaded guilty to 29 counts of failing to make MPF contributions for an employee within the prescribed time for the contribution periods between January 2005 and July 2008. The defendant was fined $4,000 for the first summons and $1,000 for the remaining summonses, totalling $32,000.

     Quality Security Limited was charged for an offence under section 7(1) of the Ordinance. The defendant was fined $7,000 for the summons for failing to enroll its employee in an MPF scheme as required by the Ordinance.

     Quality Security Limited 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 for its relevant employee who was not a member of registered scheme within the prescribed time for the contribution periods between May 2009 and August 2009. The defendant was fined $3,000 for each summons, totalling $12,000.

     Meanwhile, the MPFA today pursued a claim in the Small Claims Tribunal for some $39,000 on behalf of two employees, who were owed MPF contributions by their employer.

     At the Tribunal's hearing today, the defendant Climax Paper Converters (International) Limited did not appear. In his absence, the Adjudicator ordered it to pay the MPFA the sum of $39,461.6, being mandatory contributions in arrears and surcharges payable.

     The amount awarded will be reimbursed to the employee's MPF account as soon as it is received by the MPFA. The Tribunal further ordered the defendant to pay $170 as the cost of the claim.

Ends/Tuesday, April 20, 2010
Issued at HKT 19:20

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