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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 (February 7) and fined a total of $24,000 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.
The defendant, Limbu Amrit, was fined $12,000 and the other two defendants, Lee Kin Ho and Leung Wai Kuen, were each fined $6,000.
According to the prosecution, the defendant, Limbu Amrit, applied to his MPF trustee on January 22, 2010 and again on April 8, 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 and in claiming that he had permanently departed from Hong Kong, but in fact he did not depart.
The other two defendants, Lee Kin Ho and Leung Wai Kuen, applied to their MPF trustees on April 26, and March 29, 2010 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, four employers were fined a total of $67,500 at the Kwun Tong Magistracy today after being convicted of offences under the Ordinance.
Wong Kin Nun, a partner of Profit Logistics Company, 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 $6,000 for the summons.
Wong Kin Nun was also charged with an offence under section 7AA(7) of the Ordinance. The defendant pleaded guilty to nine 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 2009 and May 2010. The defendant was fined $3,000 for each of first 2 summonses and $4,000 for each of the remaining seven summonses, totalling $34,000.
Tang Pui Yee Annie, a partner of Tomieco Company, was charged with an offence under section 7AA(7) of the Ordinance. The defendant pleaded guilty to two 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 in March and April 2010. The defendant was fined $2,500 for each summons, totalling $5,000.
Tang Pui Yee Annie was also charged with an offence under section 7A(8) of the Ordinance and pleaded guilty to a count of failing to make MPF contributions for an employee within the prescribed time for the contribution period in May 2010. The defendant was fined $2,500 for the summons.
Concord Bus Company 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.
Concord Bus Company Limited was also charged with an offence under section 7AA(7) of the Ordinance. The defendant pleaded guilty to three 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 March and May 2010. The defendant was fined $2,500 for each summons, totalling $7,500.
Concord Bus Company Limited was also charged with an offence under section 7A(8) of the Ordinance and pleaded guilty to a count of failing to make MPF contributions for an employee within the prescribed time for the contribution period in June 2010. The defendant was fined $2,500 for the summons.
Lai Kai Yiu trading as Powerful Sky Contracting Company was charged with an offence under section 7AA(7) of the Ordinance. The defendant pleaded guilty to two 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 in April and May 2010. The defendant was fined $3,000 for each summons, totalling $6,000.
Meanwhile, the MPFA successfully pursued three claims in the Small Claims Tribunal for some $92,000 on behalf of eight employees, who were owed MPF contributions by their employers.
At the Tribunal's hearings today, the defendant, Tomi Fuji EMC Limited, did not dispute the amounts claimed. The Adjudicator ordered it to pay the MPFA $5,179.54, being mandatory contributions in arrears and surcharges payable.
The other two defendants, namely Yim Chi Ming, formerly trading as Wing Hong Roasted Meat Restaurant, and Sino Gain Credit Management Limited, did not appear. In their absence, the Adjudicator ordered them to pay the MPFA $48,923.7 and $33,871.74 respectively, being mandatory contributions in arrears and surcharges payable.
The amounts awarded will be reimbursed to the employees' MPF accounts as soon as they are received by the MPFA. The Adjudicator ordered the defendants to pay $100, $249 and $186 respectively as the costs of the claims.
Ends/Monday, February 7, 2011
Issued at HKT 19:26
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