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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 (November 8) and fined $14,000 at the Kwun Tong Magistracy for breaching section 43E(1) of the Mandatory Provident Fund Schemes Ordinance (the Ordinance) by making false and misleading statements in documents to an MPF trustee.
According to the prosecution, the defendant, Lee Tsun Ho applied to the trustee for early withdrawal of his MPF accrued benefits on the ground of permanent departure and made false and misleading statements on two occasions. On September 9, 2009, he falsely claimed that he had not previously claimed payment of accrued benefits on the ground of permanent departure on an earlier departure date and on January 4, 2010 he falsely claimed that he had permanently departed from Hong Kong but in fact he had not. The defendant was fined $6,000 for the first summons and $8,000 for the other summons, totalling $14,000.
Meanwhile, a partner and three employers were fined $126,000 at the Kwun Tong Magistracy today after being convicted of offences under the Ordinance.
Mok Sze Wa, a partner of New Era Bachelor Education Centre (Tsing Yi), was charged for offences under sections 7(1) and 44 of the Ordinance and fined $6,000 for each of the two summons, totalling $12,000, for failing to enrol an employee in an MPF scheme for two employment periods as required by the Ordinance.
Mok was also charged for offences under sections 7AA(7) and 44 of the Ordinance. The defendant pleaded guilty to 12 counts of failing to make MPF contributions to the Mandatory Provident Fund Schemes Authority (MPFA) for an employee who was not a member of a registered scheme within the prescribed time for the contribution periods between March 2009 and February 2010. The defendant was fined $3,000 for each summons, totalling $36,000.
Ming Tak (China) Transportation Co., Limited was charged for an offence under section 7(1) of the Ordinance for failing to enrol an employee in an MPF scheme as required by the Ordinance and was fined $6,000 for the summons.
Ming Tak (China) Transportation Co., 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 an employee who was not a member of a registered scheme within the prescribed time for the contribution periods between July and November 2009. The defendant was fined $5,000 for each summons, totalling $25,000. The Magistrate also ordered the defendant to pay $6,164.14, being mandatory contributions in arrears and surcharges payable for the employee, within 14 days.
I & C Travel (H.K.) Limited was charged for an offence under section 7(1) of the Ordinance for failing to enrol an employee in an MPF scheme as required by the Ordinance and was fined $6,000 for the summons.
I & C Travel (H.K.) Limited was also charged for an offence under section 7AA(7) of the Ordinance. The defendant pleaded guilty to seven 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 between August 2009 and February 2010. The defendant was fined $3,000 for each of the first five summonses and $4,000 for each of the remaining two summonses, totalling $23,000.
Cheng Tung was charged for an offence under section 7(1) of the Ordinance for failing to enrol an employee in an MPF scheme as required by the Ordinance and was fined $6,000 for the summons.
Cheng Tung was also charged for an offence under section 7AA(7) of the Ordinance. The defendant pleaded guilty to four 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 between December 2009 and March 2010. The defendant was fined $3,000 for each summons, totalling $12,000.
Separately, the MPFA today successfully pursued a claim in the Small Claims Tribunal for some $12,000 on behalf of two employees, who were owed MPF contributions by their employer.
At the Tribunal's hearing today, the defendants, Lau Kwok Lap and Lam Cheuk Yui formerly trading as Cheuk Lap (China-HK) Transportation Company, did not dispute the amount claimed. The Adjudicator ordered it to pay the MPFA $12,915.34, being mandatory contributions in arrears and surcharges payable.
The amount awarded will be reimbursed to the employees' MPF accounts as soon as it was received by the MPFA. The Adjudicator further ordered the defendant to pay $159 as the costs of the claim.
Ends/Monday, November 8, 2010
Issued at HKT 20:25
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