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The following is issued on behalf of the Mandatory Provident Fund Schemes Authority:
Two Mandatory Provident Fund (MPF) scheme members were convicted today (December 13) and fined a total of $10,000 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 Rai Mejar Bahadur and Kwan King Ching were fined $6,000 and $4,000 respectively.
According to the prosecution, the defendant, Rai Mejar Bahadur, applied to a trustee on April 28, 2010 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 and misleading statements in claiming that he had not previously claimed payment of accrued benefits on the ground of permanent departure on an earlier departure date. The defendant was fined $6,000 for the summons.
The other defendant, Kwan King Ching, applied to a trustee on February 20, 2009 for early withdrawal of his MPF accrued benefits on the ground of permanent departure. Investigation by the 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 was fined $4,000 for the summons.
Meanwhile, 1 officer and 6 employers were fined a total of $272,000 at the Kwun Tong Magistracy today after being convicted of offences under the Ordinance.
Chiu Leo, officer of Flash Element Limited was charged with offences under sections 7(1) and 44 of the Ordinance. The defendant pleaded guilty to a count of failing to enrol an employee in an MPF scheme as required by the Ordinance and was fined $4,000 for the summons.
Chiu Leo was also charged with offences under sections 7A(8) and 44 of the Ordinance and pleaded guilty to 5 counts of failing to make MPF contributions for an employee within the prescribed time for the contribution periods between January and February 2007, and between October and December 2009. The defendant was fined $4,000 for each of three summonses, and $2,000 for each of the remaining two summonses, totalling $16,000.
Flash Element Limited was charged with an offence under section 7(1) of the Ordinance. The defendant pleaded guilty to a count of failing to enrol an employee in an MPF scheme as required by the Ordinance and was fined $4,000 for the summons.
Flash Element Limited was also charged with an offence under section 7A(8) of the Ordinance and pleaded guilty to 5 counts of failing to make MPF contributions for an employee within the prescribed time for the contribution periods between January and February 2007, and between October and December 2009. The defendant was fined $4,000 for each of three summonses, and $2,000 for each of the remaining two summonses, totalling $16,000.
Yeung Shu Hung, a partner of ·¨¾ð¬x®È¹B¤½¥q, was charged with offences under sections 7(1) and 44 of the Ordinance. The defendant pleaded guilty to a count of failing to enrol an employee in an MPF scheme as required by the Ordinance and was fined $6,000 for the summons.
Yeung Shu Hung was also charged with offences under sections 7AA(7) and 44 of the Ordinance. The defendant pleaded guilty to 3 counts of failing to make MPF contributions to the MPFA for an employee who was not a member of a registered scheme within the prescribed time for the contribution periods between September and November 2009. The defendant was fined $1,500 for each summons, totalling $4,500. The Magistrate also ordered the defendant to pay $1,968.75, being mandatory contributions in arrears and surcharges payable for the employee, on or before December 17, 2010. The amount awarded will be reimbursed to the employee's MPF account as soon as it was received by the MPFA.
Yu Kee Food Company Limited was charged with an offence under section 7A(8) of the Ordinance and pleaded guilty to 30 counts of failing to make MPF contributions for an employee within the prescribed time for 30 contribution periods between April 2006 and July 2009. The defendant was fined $5,500 for each of 27 summonses, and $7,000 for each of the remaining 3 summonses, totalling $169,500.
Laputa Eco-Construction Material Company Limited was charged with an offence under section 7A(8) of the Ordinance and pleaded guilty to 4 counts of failing to make MPF contributions for an employee within the prescribed time for the contribution periods between January and April 2010. The defendant was fined $2,000 for each summons, totalling $8,000.
Wong Yat Chung trading as King No, was charged with an offence under section 7(1A)(b) 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.
Wong Yat Chung trading as King No was also charged with an offence under section 7AA(7) of the Ordinance. The defendant pleaded guilty to 8 counts of failing to make MPF contributions to the MPFA for an employee who was not a member of a registered scheme within the prescribed time for the contribution periods between December 2008 and July 2009. The defendant was fined $3,000 for each summons, totalling $24,000.
The Way Group Limited was charged with an offence under section 7(1) of the Ordinance and fined $4,000 for the summons for failing to enrol an employee in an MPF scheme as required by the Ordinance.
The Way Group Limited was also charged with an offence under section 7AA(7) of the Ordinance. The defendant pleaded guilty to 4 counts of failing to make MPF contributions to the MPFA for an employee who was not a member of a registered scheme within the prescribed time for the contribution periods between January and April 2010. The defendant was fined $2,500 for each summons, totalling $10,000.
Ends/Monday, December 13, 2010
Issued at HKT 20:23
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