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The following is issued on behalf of the Mandatory Provident Fund Schemes Authority:
Three scheme members of the Mandatory Provident Fund (MPF) Scheme were convicted today (June 7) and fined $18,000 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, Li Cheong, was charged with the offence under Section 43E(1) of the Ordinance, pleading guilty to two counts of making false and misleading statements to the trustees and was fined $3,000 for each summons, totalling $6,000.
Another defendant, Chan Chiu Wing, 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.
The third defendant, Khan Mohammad Rizwan, 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.
According to the prosecution, the first defendant applied to his trustee on December 18, 2008, for early withdrawal of his MPF accrued benefits on the grounds of early retirement. Investigation by the MPFA found that the defendant had recklessly provided false and misleading statements in claiming that he was taking early retirement when he was still under employment. The defendant also applied to his trustee on February 20, 2009, for early withdrawal of his MPF accrued benefits on the grounds of permanent departure. Investigation by the MPFA found that the defendant had recklessly provided false and misleading statements in claiming that he had not previously claimed payment of accrued benefits on the grounds of permanent departure on an earlier departure date.
The second and third defendants applied to the trustee on June 11, 2008, and September 23, 2009, respectively for early withdrawal of their MPF accrued benefits on the grounds of permanent departure. Investigation by the 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 grounds of permanent departure on an earlier departure date.
Moreover, the MPFA today pursued two claims in the Small Claims Tribunal for some $37,000 on behalf of four employees, who were owed MPF contributions by their employers.
At the Tribunal's hearing today, the defendant Profit Income Holdings Limited did not dispute the amounts claimed. The Adjudicator ordered it to pay the MPFA the sum of $33,966.25, being mandatory contributions in arrears and surcharges payable.
The other defendant, Tong Kai Man trading as Just For You Wedding formerly known as Walker Hire Car Service, did not appear. In its absence, the Adjudicator ordered it to pay the MPFA the sum of $3,467.13, 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 $215 and $70 as the costs in respect of the claims.
Ends/Monday, June 7, 2010
Issued at HKT 18:31
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