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The following is issued on behalf of the Mandatory Provident Fund Schemes Authority:
Four scheme members of the Mandatory Provident Fund (MPF) Scheme were convicted today (April 13) and fined $22,000 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.
A defendant, Tsang Yat Hung, was charged with the offence under Section 43E(1) of the Ordinance for making false and misleading statements to the trustee and was fined $4,000.
A defendant, Sarki Purnakumar, was charged with the offence under Section 43E(1) of the Ordinance for making false and misleading statements to the trustee and was fined $6,000.
A defendant, Gurung Raju, was charged with the offence under Section 43E(1) of the Ordinance for making false and misleading statements to the trustee and was fined $6,000.
A defendant, Leung Wing Hong, was charged with the offence under Section 43E(1) of the Ordinance for making false and misleading statements to the trustee and was fined $6,000.
According to the prosecution, the defendants applied to their trustees on March 18, 2009, March 19, 2009, April 8, 2009, and June 17, 2009, respectively for early withdrawal of their MPF accrued benefits on the grounds of permanent departure. Investigation by the Mandatory Provident Fund Schemes Authority (MPFA) found that the four 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.
Moreover, two officers and two employers were fined $89,000 at the Kwun Tong Magistracy today, after being convicted of offences under the Ordinance.
Tang Luk Chau, officer of China Industrial Gases Limited, was charged for offences under section 7A(8) and section 44 of the Ordinance. The defendant pleaded guilty to five counts of failing to make MPF contributions for an employee within the prescribed time for the contribution periods between April 2006 and February 2007, and November 2007 and July 2008. The defendant was fined $10,000 for each summons, totalling $50,000.
Wong Nai Tin David, officer of Express Service Company Limited trading as Express Company, was charged for offences under section 7A(8) and section 44 of the Ordinance. The defendant pleaded guilty to two counts of failing to make MPF contributions for an employee within the prescribed time for the contribution periods between July and August 2009. The defendant was fined $1,000 for each summons, totalling $2,000.
Express Service Company Limited trading as Express Company was also charged for offences under section 7A(8) of the Ordinance. The defendant pleaded guilty to two counts of failing to make MPF contributions for an employee within the prescribed time for the contribution periods between July and August 2009. The defendant was fined $1,000 for each summons, totalling $2,000.
UC CPA (Practising) Ltd was charged for an offence under section 7(1) of the Ordinance. The defendant was fined $5,000 for the summons for failing to enrol its employee in an MPF scheme as required by the Ordinance.
UC CPA (Practising) Ltd was also charged for an offence under section 7AA(7) of the Ordinance. The defendant pleaded guilty to 10 counts of failing to make MPF contributions for its relevant employee who was not a member of registered scheme within the prescribed time for the contribution periods between May 2008 and August 2009. The defendant was fined $3,000 for each summons, totalling $30,000.
Meanwhile, the MPFA today also obtained an order for payment of outstanding MPF contributions at about $100,000 against an employer in the District Court.
The District Court today issued judgments against an employer, Yip Ching Wa Ellis trading as Sam Lee Company. The defendant was ordered to pay the MPFA the sum of $100,862.20, being mandatory contributions in arrears and surcharges payable to eight employees.
The MPFA today also pursued nine claims in the Small Claims Tribunal for some $115,000 on behalf of 13 employees, who were owed MPF contributions by their employers.
At the Tribunal's hearing today, nine defendants, namely Kwok Po Chu trading as Fu Ah Seafood Restaurant, Peco Security System Limited, Smart Great Development Limited trading as Golden Phoenix, World Team Trading Limited, Joyful Management & Security Co Limited, Energie Building Supplies Limited, Alex Wu & Company, Best Success Holdings Limited and Universal Investment Enterprises Limited trading as Apple Snooker Club, did not appear. In their absence, the Adjudicator ordered them to pay the MPFA the sums of $48,971.32, $25,347, $15,875, $11,320.5, $5,656.51, $4,991.74, $1,327.82, $1,199.71 and $493.5, being mandatory contributions in arrears and surcharges payable.
The MPFA also pursued two claims against Peco Security System Limited and World Team Trading Limited for $15,000 and $5,000 in financial penalties respectively for failing to make MPF contributions for employees. Since the defendants did not appear at today's hearing, the Adjudicator ordered them to pay the MPFA the sums of $15,000 and $5,000 being financial penalties imposed by the MPFA for failure to make MPF contributions for employees.
The amounts awarded at the District Court and the Tribunal will be reimbursed to the employees' MPF accounts as soon as they are received by the MPFA. The District Court ordered the defendants each to pay costs of $930. The Tribunal ordered the defendants to pay $219, $222, $145, $96, $80, $138, $109, $115 and $86 as the costs in respect of the claims.
Ends/Tuesday, April 13, 2010
Issued at HKT 19:31
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