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Company directors, company manager and employers fined for breaching MPFS Ordinance
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    Three company directors, one company manager and two employers were fined $153,500 at the Kwun Tong Magistracy today (April 2), after being convicted of offences under the Mandatory Provident Fund Schemes Ordinance.

     The defendants, Ng Yun Shing and Ng Chun Wai, directors of Kwai Chuen Container Service Company Limited, were charged with offences under section 7A(8) and section 44 of the Ordinance. They pleaded guilty to 34 counts of failing to make MPF contributions for their employee within the prescribed time for the contribution periods between February, 2004, and November, 2006. The defendants were fined $6,000 each for the first summons, $1,500 each for the remaining summonses, totalling $60,000.

     Hung Wai Yin Gloria, director of Lifestyle Beauty Professional Limited, was charged with offences under section 7A(8) and section 44 of the Ordinance. The defendant pleaded guilty to 10 counts of failing to make MPF contributions for her employee within the prescribed time for the contribution periods between January and October, 2006. The defendant was fined $10,000 for the first summons and $3,000 each for the remaining summonses, totalling $37,000.

     Yeung Sik Wah, manager of Hang Hing Seafood Hot Pot Restaurant operated by Max Creator Limited, was charged with offences under section 7A(8) and section 44 of the Ordinance. The defendant pleaded guilty to nine counts of failing to make MPF contributions for two employees within the prescribed time for the contribution periods between April and June, 2006, and January and June, 2006, respectively. The defendant was fined $12,000 for the first summons and $3,000 each for the remaining summonses, totalling $36,000.

     Sincere Metal Engineering Company Limited was charged with offences under section 7A(8) of the Ordinance. The defendant pleaded guilty to four counts of failing to make MPF contributions for its employee within the prescribed time for the contribution periods between April and July, 2006. The defendant was fined $8,000 for the first summons and $2,500 each for the remaining summonses, totalling $15,500.

     Chinese Composition Restaurant Limited was charged with an offence under section 7A(8) of the Ordinance. The defendant pleaded guilty to one count of failing to make MPF contribution for its employee within the prescribed time for the contribution period December, 2006, and was fined $5,000.

     The MPFA today pursued eight claims in the Small Claims Tribunal for some $120,000 on behalf of 14 employees, who were owed MPF contributions by their employers.

     At the Tribunal's hearing today, the three defendants, Sun Sing (Japan) Trading Company Limited, Goodtimes Trading Limited and Hin Sum Manpower Company Limited, did not dispute the amounts claimed. The Adjudicator ordered them to pay the MPFA  $31,467.9, $9,937.5 and $8,283.3, being mandatory contributions in arrears and surcharges payable.

     The other eight defendants - Chan See Wing trading as Kam Hung Wan Restaurant, Chan Sai Wah trading as Kam Fung Stationery Co. (Lok Fu), Ada Industries Limited, Chan Sai Hin trading as Apollo Construction Engineering Co, Chau Wai Lun trading as Chau¡¦s Transportation Company, Chan Wing Kin trading as 290 Movie Shop, Japan Life Science Company Limited and JP Technology Limited - did not appear at today's hearing. In their absence, the Adjudicator ordered them to pay the MPFA  $46,153.3, $27,028.46, $25,996.64, $14,502.68, $2,425.32, $2,387.09, $1,200 and $1,050, 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 Tribunal further awarded $290, $120, $126, $210, $130, $150, $92 and $76 as the costs in respect of the claims.

Ends/Monday, April 2, 2007
Issued at HKT 19:06

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