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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 (August 3) and fined a total of $36,000 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.
Defendants Li Chun-hung, Shing Shui-cheung and Tam Chit were charged with the offence under section 43E(1) of the Ordinance for making false and misleading statements to the trustees and were fined $18,000, $12,000 and $6,000 respectively.
According to the prosecution, the defendant, Li Chun-hung, applied to his trustees on August 4, 2008, and November 16, 2009, for early withdrawal of his MPF accrued benefits on the grounds of permanent departure. Investigations by the Mandatory Provident Fund Schemes Authority (MPFA) found that the defendant had deliberately provided false statements of permanent departure but in fact he did not depart from Hong Kong permanently.
The defendants Li Chun-hung, Shing Shui-cheung and Tam Chit also applied to the trustees on November 6, 2009; June 19 and 22, 2009; and October 30, 2009, respectively for early withdrawal of their MPF accrued benefits on the grounds of permanent departure. Investigations by the 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 $48,000 at the Kwun Tong Magistracy today after being convicted of offences under the Ordinance.
Wong Fuk-cheung, officer of S.K.I. Industrial Company Limited, was charged for offences under sections 7A(8) and 44 of the Ordinance, pleading guilty to seven counts of failing to make MPF contributions for an employee within the prescribed time for the contribution periods between April and October 2009. The defendant was fined $4,000 for a summons and $3,000 each for the remaining six summonses, totalling $22,000.
S.K.I. Industrial Company Limited was also charged for an offence under section 7A(8) of the Ordinance. The defendant pleaded guilty to seven counts of failing to make MPF contributions for an employee within the prescribed time for the contribution periods between April and October 2009. The defendant was fined $4,000 for a summons and $3,000 each for the remaining six summonses, totalling $22,000.
Golden Express Development Limited trading as Cafˆm Essex pleaded guilty for breaching section 43D of the Ordinance for failing to comply with a lawful requirement made by the MPFA in the course of exercising or performing its functions. The defendant was fined $4,000.
The MPFA also pursued a claim in the Small Claims Tribunal today for some $5,600 on behalf of an employee, who was owed MPF contributions by his employer.
At the Tribunal's hearing today, the defendant, Oasis Health Limited, did not appear. In its absence, the Adjudicator ordered it to pay the MPFA $5,614.83, 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 Adjudicator further ordered the defendant to pay $155 as the cost of the claim.
Ends/Tuesday, August 3, 2010
Issued at HKT 19:35
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