Conviction for making false statement to claim MPF benefits
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The following is issued on behalf of the Mandatory Provident Fund Schemes Authority:

     A scheme member of the Mandatory Provident Fund (MPF) Scheme was convicted today (August 3) and fined $5,000 at the Kwun Tong Magistracy for breaching section 43E(1) of the Mandatory Provident Fund Schemes Ordinance (Cap. 485) by making false and misleading statements in a document submitted to the approved MPF trustee.

     According to the prosecution, the defendant, Cheung Che Wah, applied to his trustee on January 29, 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 and misleading statements of permanent departure but in fact he did not depart from Hong Kong permanently.

     Meanwhile, two employers were fined $15,000 at the Kwun Tong Magistracy today, after being convicted of offences under the Mandatory Provident Fund Schemes Ordinance (Cap. 485).

     Wu Yin Fung trading as Hong Kong Professional Consultancy & Training Centre was charged for offences under section 7A(8) of the ordinance. The defendant pleaded guilty to nine counts of failing to make MPF contributions for an employee within the prescribed time for the contribution period between May 2008 and January 2009. The defendant was fined $1,500 for each summons, totalling $13,500.

     Vanquish Container Transportation Limited was charged for offences under section 7A(8) of the ordinance. The defendant pleaded guilty to 30 counts of failing to make MPF contributions for an employee within the prescribed time for the contribution period between December 2005 and October 2008. The defendant was fined $50 for each summons, totalling $1,500.

     The MPFA today also pursued four claims in the Small Claims Tribunal for some $87,000 on behalf of 23 employees, who were owed MPF contributions by their employers.

     At the Tribunal's hearing today, a defendant, Vincent Industrial (Holdings) Limited, did not dispute the amount claimed. The Adjudicator ordered it to pay the MPFA the sum of $12,831, being mandatory contributions in arrears and surcharges payable.

     The other three defendants, namely The Spa By L & Y Limited, New Generation Travel Limited and Wiu Fai Construction Company, did not appear at today's hearing. In their absence, the Adjudicator ordered them to pay the MPFA the sums of $44,784.12, $26,250 and $4,895.75,being mandatory contributions in arrears and surcharges payable.

     The amounts awarded at the Tribunal will be reimbursed to the employees¡¦ MPF accounts as soon as they are received by the MPFA. The Tribunal ordered the defendants to pay $160, $180, $130 and $129 as the costs in respect of the claims.

Ends/Monday, August 3, 2009
Issued at HKT 18:13

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