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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 (July 5) and fined $6,000 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 an approved MPF trustee.
According to the prosecution, the defendant, Lau Chun Kit applied to the trustee on December 29, 2008, for early withdrawal of his MPF accrued benefits on the grounds of permanent departure. Investigation by the Mandatory Provident Fund Schemes Authority (MPFA) found that the defendant had recklessly provided false and misleading statements in claiming that he had not previously claimed payment of accrued benefits on the grounds of permanent departure on an earlier departure date.
Meanwhile, an officer and three employers were fined a total of $181,000 at the Kwun Tong Magistracy today after being convicted of offences under the Ordinance.
Hung Pik-shan, officer of Beauty Yoga Limited, was charged for offences under sections 7(1) and 44 of the Ordinance. The defendant was fined $6,000 for the summons for failing to enrol an employee in an MPF scheme as required by the Ordinance.
Hung Pik-shan, officer of Beauty Yoga Limited, was also charged for offences under sections 7A(8) and 44 of the Ordinance, pleading guilty to 16 counts of failing to make MPF contributions for an employee within the prescribed time for the contribution periods between July and August 2007, April and May 2008, July 2008 and June 2009. The defendant was fined $2,000 each for eight summonses, $4,000 each for another seven summonses and $3,000 for the remaining summons, totalling $47,000.
In addition, Beauty Yoga Limited was charged for an offence under section 7(1) of the Ordinance. The defendant was fined $6,000 for the summons for failing to enrol an employee in an MPF scheme as required by the Ordinance.
Beauty Yoga Limited was also charged for an offence under section 7A(8) of the Ordinance. The defendant pleaded guilty to 16 counts of failing to make MPF contributions for an employee within the prescribed time for the contribution periods between July and August 2007, April and May 2008, July 2008 and June 2009. The defendant was fined $2,000 each for eight summonses, $4,000 each for another seven summonses and $3,000 for the remaining summons, totaling $47,000.
Cheng Chan-ming trading as Nice Optical Co was charged for an offence under section 7(1) of the Ordinance. The defendant was fined $6,000 for the summons for failing to enrol an employee in an MPF scheme as required by the Ordinance.
Cheng Chan-ming trading as Nice Optical Co was also charged for an offence under section 7AA(7) of the Ordinance. The defendant pleaded guilty to 11 counts of failing to make MPF contributions to the MPFA for its relevant employee who was not a member of a registered scheme within the prescribed time for the contribution periods between November 2008 and September 2009. The defendant was fined $4,000 each for 10 summonses and $3,000 each for the remaining summons, totalling $43,000.
2068 Fashion Limited was charged for an offence under section 7(1) of the Ordinance. The defendant was fined $6,000 for the summons for failing to enrol an employee in an MPF scheme as required by the Ordinance.
2068 Fashion Limited was also charged for an offence under section 7AA(7) of the Ordinance. The defendant pleaded guilty to five counts of failing to make MPF contributions to the MPFA for its relevant employee who was not a member of registered scheme within the prescribed time for the contribution periods between November 2008 and March 2009. The defendant was fined $4,000 each for each summons, totalling $20,000.
Moreover, the MPFA pursued a claim in the Small Claims Tribunal against an employer for a $5,000 financial penalty, imposed for failing to make MPF contributions for employees.
The defendant, S.K.I. Industrial Company Limited, did not dispute the amount claimed. The Adjudicator ordered it to pay the MPFA the sum of $5,000 being the financial penalty imposed by the MPFA for failure to make MPF contributions for employees.
The Tribunal further ordered the defendant to pay $116 as the costs in respect of the claim.
Ends/Monday, July 5, 2010
Issued at HKT 19:20
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