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An officer and an employer fined for breaching MPFS Ordinance
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The following is issued on behalf of the Mandatory Provident Fund Schemes Authority:

     An officer and an employer were fined $16,000 at the Kwun Tong Magistracy today (May 20), after being convicted of offences under the Mandatory Provident Fund Schemes Ordinance (Cap. 485).

     Wu Yiu-wa Eric, officer of Silver Hero International Limited (BR no.: 38325753), was charged for offences under section 7AA(7) and section 44 of the Ordinance. The defendant was convicted of two counts of failing to make Mandatory Provident Fund (MPF) contributions for its relevant employee who was not a member of registered scheme within the prescribed time for the contribution period between November and December 2008. The defendant was fined $2,000 for each summons, totaling $4,000.

     Wu Yiu-wa Eric was also charged with offences under section 7A(8) and section 44 of the Ordinance. The defendant was convicted of two counts of failing to make MPF contributions for an employee within the prescribed time for the contribution periods between January and February 2009. The defendant was fined $2,000 for each summons, totaling $4,000.

     Silver Hero International Limited was also charged for an offence under section 7AA(7) of the Ordinance. The defendant was convicted of two 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 November and December 2008. The defendant was fined $2,000 for each summons, totaling $4,000.

     Silver Hero International Limited was further charged with an offence under section 7A(8) of the Ordinance. The defendant was convicted of two counts of failing to make MPF contributions for an employee within the prescribed time for the contribution periods between January and February 2009. The defendant was fined $2,000 for each summons, totaling $4,000.

     Meanwhile, the Mandatory Provident Fund Schemes Authority (MPFA) today obtained an order for payment of outstanding MPF contributions at about $66,000 against an employer in the District Court. Also, the MPFA pursued two claims in the Small Claims Tribunal for some $77,000 on behalf of eight employees, who were owed MPF contributions by their employers.

     The District Court today issued judgments against an employer, Fair Shadow Industrial Limited. The defendant was ordered to pay the MPFA the sum of $66,937.86, being mandatory contributions in arrears and surcharges payable to six employees of the defendants respectively.

     Also, at the Tribunal's hearing today, two defendants, namely Chu Wai-hay trading as Wai Sing Steel Welding Engineering and Top Union Engineering Limited, did not appear. In their absence, the Adjudicator ordered them to pay the MPFA the sums of $37,764.4 and $34,811.8, being mandatory contributions in arrears and surcharges payable respectively.

     The Adjudicator also ordered the defendant, Chu Wai-hay trading as Wai Sing Steel Welding Engineering to pay the MPFA the sum of $5,000 being financial penalty imposed by the MPFA for failure to make MPF contributions for employees.

     The amounts both awarded at the District Court and the Tribunal will be reimbursed to the employees' MPF accounts as soon as they are received by the MPFA. The District Court ordered the defendants to pay the cost of $930. The Tribunal ordered the respective defendants to pay $209 and $170 as the costs in respect of the claims.

Ends/Thursday, May 20, 2010
Issued at HKT 19:36

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