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Officer and four employers fined for breaching MPFS Ordinance
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The following is issued on behalf of the Mandatory Provident Fund Schemes Authority:

     An officer and four employers were fined a total of $142,000 at the Kwun Tong Magistracy today (November 9), after being convicted of offences under the Mandatory Provident Fund Schemes Ordinance (the Ordinance).

     Michael John Fawdry, an officer of Ernest Maude Continental Investments Limited, was charged with offences under sections 7A(8) and 44 of the Ordinance and pleaded guilty to nine counts of failing to make MPF contributions for an employee within the prescribed time for the contribution periods between April and December 2009. The defendant was fined $3,000 for each summons, totalling $27,000.

     Ernest Maude Continental Investments Limited was also charged with an offence under section 7A(8) of the Ordinance and pleaded guilty to 9 counts of failing to make MPF contributions for an employee within the prescribed time for the contribution periods between April and December 2009. The defendant was fined $3,000 for each summons, totalling $27,000.

     Cotton On Hong Kong Limited was 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 in January, February and May 2010. The defendant was fined $4,000 for each summons, totalling $12,000.

     So Tik Hei trading as Triway Education Centre was charged with an offence under section 43E(1) of the Ordinance for making a false or misleading statement. The defendant pleaded guilty to a count of misreporting the employment date of an employee to a trustee. The defendant was fined $6,000.

     So Tik Hei trading as Triway Education Centre was also charged with an offence under section 7(1) of the Ordinance. The defendant pleaded guilty to two counts of failing to enrol two employees in an MPF scheme as required by the Ordinance and were fined $6,000 for each summons, totaling $12,000.

     So Tik Hei, trading as Triway Education Centre, was also charged with an offence under section 7AA(7) of the Ordinance. The defendant pleaded guilty to 13 counts of failing to make MPF contributions to the Mandatory Provident Fund Schemes Authority (MPFA) for two employees who were not members of a registered scheme within the prescribed time for the contribution periods between February and June 2009 and between September 2009 and March 2010. The defendant was fined $3,000 for each summons, totalling $39,000.

     Poon Pui Yin trading as Yee Cheong Hong 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 $3,000.

     Poon Pui Yin trading as Yee Cheong Hong was also charged with an offence under section 7AA(7) of the Ordinance. The defendant pleaded guilty to eight 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 September 2009 and April 2010. The defendant was fined $2,000 for each summons, totalling $16,000.

     Separately, the MPFA today successfully pursued six claims in the Small Claims Tribunal for some $76,000 on behalf of 60 employees, who were owed MPF contributions by their employers.

     At the Tribunal's hearing today, six defendants, namely Motor Restaurant Limited, Fung Hon Tat formerly trading as Deli Cafˆm, Master (HK) Holdings Limited, Wai Keung Marine Products Trading Co Limited, Chiara Thomas Limited and Wong Wing Keung trading as Yau Luen Engineering Co, did not appear. In their absence, the Adjudicator ordered them to pay the MPFA $27,313.81, $24,235.26, $14,112, $6,876.18, $3,675 and $692 respectively, being mandatory contributions in arrears and surcharges payable.

     The amount awarded will be reimbursed to the employees' MPF accounts as soon as they are received by the MPFA. The Adjudicator further ordered the defendants to pay $80, $130, $109, $89, $76 and $99 respectively as the costs of the claim.

Ends/Tuesday, November 9, 2010
Issued at HKT 19:47

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