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The following is issued on behalf of the Mandatory Provident Fund Schemes Authority:
A former Mandatory Provident Fund (MPF) intermediary was convicted today (February 8) and fined $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 a document to the Mandatory Provident Fund Schemes Authority (MPFA).
According to the prosecution, the defendant, Chan Ka Yu, who was then an MPF intermediary, claimed that she had the authorisation from a preserved account holder when submitting an authorisation form to the MPFA for obtaining preserved account details on January 28, 2010. Investigation by the MPFA found that the defendant had provided false and misleading statements as in fact she had not been duly authorised by the account holder. Chan was the first MPF intermediary who was convicted and fined for breaching the offence under section 43E(1) of the Ordinance.
Meanwhile, two MPF scheme members were convicted today and fined a total of $9,000 at the Kwun Tong Magistracy for also breaching section 43E(1) of the Ordinance by making false and misleading statements in documents to MPF trustees.
Defendants Tang Hing Lun and Leung Chun Hung were fined $6,000 and $3,000 respectively.
According to the prosecution, Tang and Leung applied to MPF trustees on January 4 and January 19, 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.
Separately, an officer and four employers were fined a total of $152,500 at the Kwun Tong Magistracy today after being convicted of offences under the Ordinance.
Li Wai Ying Zenia, officer of L & D Property Agency Limited, was charged with an offence 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 $3,000 for the summons.
Li Wai Ying Zenia was also charged with offences under sections 7AA(7) and 44 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 January and March 2009. The defendant was fined $1,500 for each summons, totalling $4,500.
Li Wai Ying Zenia was also charged with an offence under sections 7A(8) and 44 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 November 2009. The defendant was fined $2,000 for the summons.
L & D Property Agency Limited was charged with an offence under section 7(1) 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 $3,000 for the summons.
L & D Property Agency Limited was also charged with offences 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 January and March 2009. The defendant was fined $1,500 for each summons, totalling $4,500.
L & D Property Agency 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 November 2009. The defendant was fined $2,000 for the summons.
Chan Hon Chiu trading as Fu Yuen Mei Dessert House was charged with offences 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 the contribution periods between October 2007 and March 2010. The defendant was fined $2,000 for each summons, totalling $60,000.
Pak Kai Kwong trading as Tin Yuet Fast Food Co. was charged with offences under section 7A(8) of the Ordinance and pleaded guilty to 18 counts of failing to make MPF contributions for an employee within the prescribed time for the contribution periods between November 2008 and April 2010. The defendant was fined $3,000 for each of 15 summonses and $2,500 for each of the remaining three summonses, totalling $52,500.
Charming Medical Beauty Fitness Centre Limited was also charged with offences under section 7A(8) of the Ordinance and pleaded guilty to six counts of failing to make MPF contributions for an employee within the prescribed time for the contribution periods between February and July 2010. The defendant was fined $4,000 for each of three summonses and $3,000 for each of the remaining three summonses, totalling $21,000.
Ends/Tuesday, February 8, 2011
Issued at HKT 20:45
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