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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 (October 4) and fined a total of $25,000 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 Tak Sing, Fong Chong Kan and Chan Wai Yeung were fined $15,000, $5,000 and $5,000 respectively.
According to the prosecution, the defendant, Chan Tak Sing, applied to two trustees on July 28, 2009 and July 30, 2009 respectively for early withdrawal of his MPF accrued benefits on the ground of permanent departure. Investigation by the Mandatory Provident Fund Schemes Authority (MPFA) found that the defendant had recklessly provided false statements of permanent departure but in fact he did not depart from Hong Kong permanently.
The defendant also applied to another trustee on September 9, 2009 for early withdrawal of his MPF accrued benefits on the ground of permanent departure. Investigation also found that the defendant had recklessly provided false and misleading statement in claiming that he had not previously claimed payments of accrued benefit on the ground of permanent departure on an earlier departure date. The defendant was fined $5,000 for each summons, totalling $15,000.
The other two defendants, Fong Chong Kan and Chan Wai Yeung, applied to the trustees on July 23, 2009 and October 20, 2009 respectively for early withdrawal of their MPF accrued benefits on the ground of permanent departure. Investigation 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 ground of permanent departure on an earlier departure date.
Meanwhile, an officer and four employers were fined a total of $105,000 at the Kwun Tong Magistracy today after being convicted of offences under the Ordinance.
Hosni Gaber Ibrahim Emam, officer of Triumph Dragon 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 January and May 2009 and between July and August 2009. The defendant was fined $4,000 for each summons, totalling $28,000.
Triumph Dragon Limited was also charged for offences under section 7A(8) 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 January and May 2009 and between July and August 2009. The defendant was fined $4,000 for each summons, totalling $28,000.
Kerry Logistics (Hong Kong) 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.
Kerry Logistics (Hong Kong) Limited was also charged for an offence under section 7AA(7) of the Ordinance. The defendant pleaded guilty to six 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 August 2009 and between October and November 2009. The defendant was fined $3,000 for each summons, totalling $18,000.
Global Group (Asia) Limited was charged for offences under section 7A(8) of the Ordinance, pleading guilty to three counts of failing to make MPF contributions for an employee within the prescribed time for the contribution periods of January, February and April 2009. The defendant was fined $3,000 for each summons, totalling $9,000.
Mei Ming Wai Building Service Co. Limited was charged for offences under section 7(1) of the Ordinance and fined $9,000 and $7,000 respectively for two summonses for failing to enrol an employee in an MPF scheme as required by the Ordinance.
Meanwhile, the MPFA successfully pursued 12 claims in the Small Claims Tribunal for some $212,000 on behalf of 49 employees, who were owed MPF contributions by their employers.
At the Tribunal's hearings today, three defendants, namely J & Mandy Co. Limited, Join Smart International Limited and J & Mandy Co. Limited, did not dispute the amounts claimed. The Adjudicator ordered them to pay the MPFA $38,756.45, $7,062 and $1,777.02, being mandatory contributions in arrears and surcharges payable.
Another nine defendants, namely Maxthrust Limited trading as The Aviator, Hopewell International (Hong Kong) Limited, Leung Kwong Chi trading as Yu San Motor Cleaning Services Company, Tack Cheung Textiles Limited, Chan Chi Wai trading as Tai Wo Express, Excelza Industrial Company Limited, Wong Kong Yiu Nigel trading as N K Wong & Co., Right Gain Management Limited and Golden Jumbo Enterprises Limited trading as Dynasty Sauna, did not appear. In their absence, the Adjudicator ordered them to pay the MPFA $33,057.84, $28,720, $21,157.5, $14,945.01, $14,755, $5,246.15, $3,859.8, $3,473.78 and $365 respectively, being mandatory contributions in arrears and surcharges payable.
Separately, the MPFA also successfully pursued a claim today on behalf of an employee, who was owed contributions under the Occupational Retirement Scheme Ordinance (ORSO) by his employer.
The defendant RCP Consulting Limited also did not appear. In its absence, the Adjudicator ordered it to pay the MPFA $37,629.6, being contributions in arrears under ORSO and surcharges payable.
The amounts awarded will be reimbursed to the employees' MPF or occupational retirement scheme accounts as soon as they are received by the MPFA.
The Adjudicator also ordered the 13 defendants to pay $186, $106, $86, $209, $136, $137, $230, $129, $196, $90, $115, $170 and $285 as the respective costs of the claims.
Ends/Monday, October 4, 2010
Issued at HKT 19:50
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