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The following is issued on behalf of the Mandatory Provident Fund Schemes Authority:
Three members of the Mandatory Provident Fund (MPF) Scheme were today (January 5) fined $14,000 at the Kwun Tong Magistracy for breaching section 43E(1) of the Mandatory Provident Fund Schemes Ordinance by making false and misleading statements submitted in documents to the approved MPF trustees.
The defendant, Chan Chap On, Kenny was charged with the offence under Section 43E(1) of the Ordinance for making false and misleading statement to the trustee and was fined $6,000.
The defendant, Lee Kwok Wah was charged with the offence under Section 43E(1) of the Ordinance for making false and misleading statement to the trustee and was fined $4,000.
The defendant, Li Hung Cheong was charged with the offence under Section 43E(1) of the Ordinance for making false and misleading statement to the trustee and was fined $4,000.
According to the prosecution, the defendants applied to their trustees on December 2, 2008, November 13, 2008, and April 6, 2009 respectively for early withdrawal of their MPF accrued benefits on the ground of permanent departure. Investigation by the Mandatory Provident Fund Schemes Authority (MPFA) found that the defendants had falsely stated that they had not previously claimed payment of accrued benefits on the ground of permanent departure on an earlier departure date.
A company officer and an employer were fined $63,000 at the Kwun Tong Magistracy today, after being convicted of offences under the ordinance.
Fong Yung Sang, Officer of Kwong Hop Label (HK) Limited was charged with offences under section 7A(8) and section 44 of the ordinance. The defendant pleaded guilty to 13 counts of failing to make full MPF contributions for an employee within the prescribed time for the contribution periods between April 2008 and April 2009. The defendant was fined $3,000 on each of the first seven summonses, and $6,000 on each of the remaining summonses, totalling $57,000.
MBG Limited was charged with an offence under section 7(1) of the ordinance, pleading guilty to one count of failing to enrol its employee in an MPF scheme. The defendant was fined $6,000.
The MPFA today pursued five claims in the Small Claims Tribunal for about $59,000 on behalf of six employees, who were owed MPF contributions by their employers.
None of the five defendants, F-1 Merchandising and Promotion (HK) Limited, Adrian Construction Limited formerly known as Adrian Engineering Limited, Tam Hung formerly trading as Ming Fung Cargo Service Co, Warner Els Credit Risk Management Consultancy (Hong Kong) Company Limited formerly known as Glibal Digital Intellectual Property Consultancy Co Limited and Best Win Limited trading as Denon Club (Best Win), appeared. In their absence, the Adjudicator ordered them to pay the MPFA $26,890, $15,612.28, $11,561.66, $3,873.14 and $1,559.90, 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 ordered the respective defendants to pay costs of $120, $145, $129, $153 and $80.
Ends/Tuesday, January 5, 2010
Issued at HKT 17:45
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