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The following is issued on behalf of the Mandatory Provident Fund Schemes Authority:
A Mandatory Provident Fund (MPF) scheme member was convicted today (March 14) and fined $6,000 at the Kwun Tong Magistracy for breaching section 43E(1) of the Mandatory Provident Fund Schemes Ordinance (the Ordinance) by making a false and misleading statement in documents to an MPF trustee.
According to the prosecution, the defendant Cheung Kai Tak applied to an MPF trustee on May 7, 2010 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 a false and misleading statement in claiming that he had not previously claimed payment of accrued benefits on the ground of permanent departure on an earlier departure date.
Meanwhile, two employers were fined a total of $89,000 at the Kwun Tong Magistracy today after being convicted of offences under the Ordinance.
Kwok Pui Man trading as Monica's Beauty (BR no.: 38827593) was charged with an offence under section 7(1) of the Ordinance. The defendant pleaded guilty to a count of failing to enrol an employee in an MPF scheme as required by the Ordinance and was fined $2,000 for the summons.
Kwok Pui Man trading as Monica's Beauty was also charged with an offence under section 7AA(7) of the Ordinance. The defendant pleaded guilty to 21 counts of failing to make MPF contributions to the MPFA for an employee who was not a member of a registered scheme within the prescribed time for the contribution periods from November 2008 to July 2010. The defendant was fined $2,000 for each summons, totalling $42,000.
Kwok Pui Man trading as Monica's Beauty was also charged with an offence under section 7A(8) of the Ordinance and pleaded guilty to a count of failing to make MPF contributions for an employee within the prescribed time for the contribution period in August 2010 The defendant was fined $2,000 for the summons.
Chu Yan Tak trading as Tak Sing Motor Services (BR no.: 16179522) was charged with an offence under section 7(1) the Ordinance. The defendant pleaded guilty to a count of failing to enrol an employee in an MPF scheme as required by the Ordinance and was fined $6,000 for the summons.
Chu Yan Tak trading as Tak Sing Motor Services was also charged with offences under section 7AA(7) of the Ordinance. The defendant pleaded guilty to six counts of failing to make MPF contributions to the MPFA for an employee who was not a member of a registered scheme within the prescribed time for the contribution periods from December 2009 to May 2010. The defendant was fined $3,000 for each of the first 5 summonses and $4,000 for the remaining summons, totalling $19,000.
Chu Yan Tak trading as Tak Sing Motor Services was also charged with an offence under section 7A(8) of the Ordinance and pleaded guilty to three counts of failing to make MPF contributions for an employee within the prescribed time for the contribution periods from June to August 2010. The defendant was fined $4,000 for each summons, totalling $12,000.
Chu Yan Tak trading as Tak Sing Motor Services was also charged with offences under section 7A(2)(a) of the Ordinance. The defendant pleaded guilty to four counts of failing to make MPF contributions for an employee from the employer's own funds to the relevant registered scheme for the contribution periods from May to August 2010. The defendant was fined $1,500 for each summons, totalling $6,000.
Separately, the Small Claims Tribunal ordered an employer, Ka Wai Food Company Limited, to pay the MPFA a financial penalty of $5,000, which was imposed by the MPFA for failing to make MPF contributions for its employees. The Tribunal also ordered the defendant to pay $116 as the cost of the claims.
Ends/Monday, March 14, 2011
Issued at HKT 19:27
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