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Conviction of making false statements to claim MPF benefits
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The following is issued on behalf of the Mandatory Provident Fund Schemes Authority:

     Three Mandatory Provident Fund (MPF) scheme members were convicted today (August 24) and fined a total of $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 in documents to MPF trustees.

     Defendants Chan Shing Wai, Yeung Sun Kit and Gurung Samta were fined $8,000, $4,000 and $6,000 respectively.

     According to the prosecution, the defendants, Chan Shing Wai, Yeung Sun Kit and Gurung Samta, applied to the trustees on March 6, 2008, July 10, 2009 and January 13, 2010 respectively for early withdrawal of their MPF accrued benefits on the grounds of permanent departure. Investigation 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 employer was fined a total of $34,000 at the Kwun Tong Magistracy today after being convicted of offences under the Ordinance.

     Foundation Agents Limited was charged for an offence under section 7(1) of the Ordinance and fined $6,000 for the summons for failing to enrol an employee in an MPF scheme as required by the Ordinance.

     Foundation Agents Limited was also charged for an offence under section 7AA(7) of the Ordinance. The defendant pleaded guilty to 7 counts of failing to make MPF contributions to the MPFA for the employee who was not a member of a registered scheme within the prescribed time for the contribution periods between May and November 2009. The defendant was fined $3,000 for each of the first four summonses and $4,000 for each of the remaining three summonses, totalling $24,000.

     Foundation Agents Limited was also charged for an offence under section 7A(8) of the Ordinance. The defendant pleaded guilty to a count of failing to make MPF contributions for the employee within the prescribed time for the contribution period in December 2009. The defendant was fined $4,000.

Ends/Tuesday, August 24, 2010
Issued at HKT 19:55

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