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The following is issued on behalf of the Mandatory Provident Fund Schemes Authority:
An officer and an employer were fined a total of $120,000 at the Kwun Tong Magistracy today (March 4) after being convicted of offences under the Mandatory Provident Fund Schemes Ordinance (the "Ordinance").
Gemma To Ching Ching, an officer of Zhong Yi Guan Holdings Company Limited (BR no 32339542), was charged with offences under sections 7(1) and 44 of the Ordinance. The defendant was convicted of two counts of failing to enrol two employees in MPF schemes as required by the Ordinance. The defendant was fined $2,000 for each summons, totalling $4,000.
Gemma To was also charged with offences under sections 7AA(7) and 44 of the Ordinance. The defendant was convicted of 22 counts of failing to make MPF contributions to the MPFA for two employees who were not members of a registered scheme within the prescribed time for the contribution periods from April 2009 to March 2010. The defendant was fined $2,000 for each summons, totalling $44,000.
Zhong Yi Guan Holdings Company Limited was charged with an offence under section 7(1) of the Ordinance. The defendant was convicted of two counts of failing to enrol two employees in MPF schemes as required by the Ordinance. The defendant was fined $3,000 for each summons, totalling $6,000.
Zhong Yi Guan Holdings Company Limited was also charged with an offence under section 7AA(7) of the Ordinance. The defendant was convicted of 22 counts of failing to make MPF contributions to the MPFA for two employees who were not members of a registered scheme within the prescribed time for the contribution periods from April 2009 to March 2010. The defendant was fined $3,000 for each summons, totalling $66,000.
The Magistrate also ordered Zhong Yi Guan Holdings Company Limited to enrol the respective two employees in MPF schemes within two months and pay the MPFA the sum of $12,807.03, being mandatory contributions in arrears and surcharges payable for the employees, within one month after their enrolment. The amounts awarded will be reimbursed to the employees' MPF accounts as soon as they are received by the MPFA.
Separately, the MPFA successfully pursued a claim in the Small Claims Tribunal for $18,174.32 for an employee who was owed MPF contributions by his employer.
At the Tribunal's hearing today, the defendant, Central-pro Property Agency Company Limited, did not appear. In its absence, the Adjudicator ordered it to pay the MPFA $18,174.32, being mandatory contributions in arrears and surcharges payable.
The amount awarded will be reimbursed to the employee's MPF account as soon as it is received by the MPFA. The Adjudicator further ordered the defendant to pay $188 as the costs of the claim.
Ends/Friday, March 4, 2011
Issued at HKT 19:03
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