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The following is issued on behalf of the Mandatory Provident Fund Schemes Authority:
Two members of the Mandatory Provident Fund (MPF) Scheme were convicted today (July 13) and fined a total of $12,000 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 an approved MPF trustee.
Both defendants, Fu To and Damai Manmaya, were charged with the offence under section 43E(1) of the Ordinance for making false and misleading statements to the trustee and were each fined $6,000.
According to the prosecution, the defendants, Fu To and Damai Manmaya, applied to the trustee on November 2, 2009, and November 5, 2009, respectively for early withdrawal of their MPF accrued benefits on the grounds of permanent departure. Investigations by the Mandatory Provident Fund Schemes Authority (MPFA) found that the 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.
Meanwhile, an officer and two employers were fined a total of $72,000 at the Kwun Tong Magistracy today after being convicted of offences under the Ordinance.
Jay Wang Kee Joyce Christine, an officer of Antique Group Limited trading as Antique Patisserie & Fine Chocolates, was charged for offences under sections 7A(8) and 44 of the Ordinance, and pleaded guilty to six counts of failing to make MPF contributions for an employee within the prescribed time for the contribution period between June and November 2009. The defendant was fined $2,500 for each summons, totalling $15,000.
Antique Group Limited trading as Antique Patisserie & Fine Chocolates was also charged for an offence under section 7A(8) of the Ordinance, and pleaded guilty to six counts of failing to make MPF contributions for an employee within the prescribed time for the contribution period between June and November 2009. The defendant was fined $2,500 for each summons, totalling $15,000.
Kai King Transportation Co. Limited was charged for an offence under section 7(1) of the Ordinance. The defendant was fined $8,000 for the summons for failing to enrol an employee in an MPF scheme as required by the Ordinance.
Kai King Transportation Co. Limited was also charged for an offence under section 7A(8) of the Ordinance, pleading guilty to 27 counts of failing to make MPF contributions for an employee within the prescribed time for the contribution periods between September 2007 and January 2008, and March 2008 and December 2009. The defendant was fined $1,000 each for first 13 summonses and $1,500 each for the remaining 14 summonses, totalling $34,000.
Meanwhile, the MPFA today also obtained an order for payment of outstanding MPF contributions at about $1,400,000 against an employer in the High Court.
The High Court issued a judgment against Gainway Cleaning Limited. The defendant was ordered to pay the MPFA a sum of $1,428,027.35, being mandatory contributions in arrears and surcharges payable to employees of the defendant.
Moreover, the MPFA pursued five claims in the Small Claims Tribunal for some $70,000 on behalf of 23 employees, who were owed MPF contributions by their employers.
At the Tribunal's hearing today, the five defendants, namely Maxthrust Limited trading as The Aviator, Cheng Kwok Cheung trading as Jetone Engineering Company, Cheung Miu Chi Polly formerly trading as Wanco Development, Crown Asset Management Limited and Sino Dragon Limited trading as Magic House, did not appear. In their absence, the Adjudicator ordered them to pay the MPFA the sums of $35,135.64, $21,800, $7,000, $3,747.28 and $2,477.82 respectively, being mandatory contributions in arrears and surcharges payable.
The amounts awarded at the High Court and the Tribunal will be reimbursed to the employees' MPF accounts as soon as they are received by the MPFA. The High Court ordered the defendant to pay costs of $1,645. The Tribunal ordered the respective defendants to pay $176, $119, $130, $155 and $135 as the costs in respect of the claims.
Ends/Tuesday, July 13, 2010
Issued at HKT 19:00
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