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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 (May 3) and fined $18,000 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, Cham Kiu Kin 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, Wong Shek Yick 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, Wong Wan Fai 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.
According to the prosecution, the first two defendants applied to their trustees on August 20, 2009 and September 1, 2009 respectively for early withdrawal of their MPF accrued benefits on the ground of permanent departure. Investigation by the Mandatory Provident Fund Schemes Authority (MPFA) found that the two 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.
The third defendant applied to the trustee on November 17, 2008 for early withdrawal of his MPF accrued benefits on the ground of permanent departure. Investigation by the MPFA found that the defendant deliberately provided false information statement of permanent departure but in fact he did not depart from Hong Kong permanently.
Meanwhile, five employers were fined $77,400 at the Kwun Tong Magistracy today after being convicted of offences under the Mandatory Provident Fund Schemes Ordinance (Cap. 485) (the "Ordinance").
Hui Sau Kiu trading as Yuen Hing Roasted Meat Restaurant (BR no.: 09452046) pleaded guilty to an offence under section 7(1) of the Ordinance. The defendant was fined $3,000 for the summons for failing to enroll an employee in MPF scheme as required by the Ordinance.
Hui Sau Kiu trading as Yuen Hing Roasted Meat Restaurant was also charged for an offence under section 7AA(7) of the Ordinance. The defendant pleaded guilty to 6 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 February and July 2009. The defendant was fined $2,000 for each summons, totaling $12,000.
Siu Wai Lun trading as C. Chest Merchandise Co. (formerly known as Christ Design & Company) (BR no.: 14329286) pleaded guilty to an offence under section 7(1) of the Ordinance. The defendant was fined $3,000 for the summons for failing to enroll an employee in MPF scheme as required by the Ordinance.
Siu Wai Lun trading as C. Chest Merchandise Co. was also charged for an offence under section 7A(8) of the Ordinance. The defendant pleaded guilty to 3 counts of failing to make MPF contributions for an employee within the prescribed time for the contribution periods between December 2008 and February 2009. The defendant was fined $2,000 for each summons, totaling $6,000.
Data-Form Engineering Limited (BR no.: 15870791) was charged for an offence under section 7A(8) of the Ordinance. The defendant pleaded guilty to 13 counts of failing to make MPF contributions for an employee within the prescribed time for the contribution periods between October 2007 and October 2008. The defendant was fined $2,000 for each summons, totaling $26,000.
Vevion Hong Kong Limited (BR no.: 34562286) was charged for an offence under section 7A(8) of the Ordinance. The defendant pleaded guilty to 7 counts of failing to make MPF contributions for an employee within the prescribed time for the contribution periods between May and November 2009. The defendant was fined $3,200 for each summons, totaling $22,400.
Tsang Wai Yan formerly trading as Wo Fung Transportation Co (BR no.: 21884433) pleaded guilty to an offence under section 7(1A) of the Ordinance. The defendant was fined $5,000 for the summons for failing to enroll an employee in MPF scheme as required by the Ordinance.
Moreover, the MPFA today pursued 12 claims in the Small Claims Tribunal for some $245,000 on behalf of 38 employees, who were owed MPF contributions by their employers.
At the Tribunal's hearing today, two defendants, namely Web-On (Asia) Limited and Sun Wing Development Limited, did not dispute the amounts claimed. The Adjudicator ordered them to pay the MPFA the sums of $18,790.12 and $9,072, being mandatory contributions in arrears and surcharges payable.
The other eight defendants, namely Noble Logistics (Worldwide) Limited, Fancy Leader Limited, Seamark Corporation Limited trading as Anson Cafˆm, Power Label Sourcing (Far East) Limited, Luen Hing Noodles Restaurant Limited, Wan Kong Ngai Formerly trading as Anson Cafˆm, Up Bright Limited and Wong Ho Keung trading as R. Salon, did not appear. In their absence, the Adjudicator ordered them to pay the MPFA the sums of $55,311.90, $48,512.98, $36,518.79, $22,811.83, $17,182.63, $8,437.5, $5,775, $4,746, and $3,580, being mandatory contributions in arrears and surcharges payable.
The MPFA also pursued a claim against Man Chuen Tunnelling Company Limited for $25,000 financial penalty who failed to make MPF contributions for employees.
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 $149, $150, $292, $196, $188, $136, $175, $129, $106, $119, $129 and $245 as the costs in respect of the claims.
Ends/Monday, May 3, 2010
Issued at HKT 22:14
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