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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 (December 2) 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 false and misleading statements in documents to an MPF trustee.
According to the prosecution, the defendant, Kwok Ki, applied to the trustee for early withdrawal of his MPF accrued benefits on the ground of permanent departure and on September 16, 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. The defendant was fined $6,000 as a result.
Meanwhile, two employers were fined a total of $142,000 at the Kwun Tong Magistracy today after being convicted of offences under the Ordinance.
2068 Fashion Limited, was charged with an offence under section 7(1) of the Ordinance and 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 with an offence under section 7AA(7) of the Ordinance. The defendant pleaded guilty to two 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 in February and March 2009. The defendant was fined $4,000 for each summons, totalling $8,000.
2068 Fashion Limited was also charged with an offence under section 7A(8) of the Ordinance. The defendant pleaded guilty to 27 counts of failing to make MPF contributions for two employees within the prescribed time for the contribution periods between January 2009 and March 2010. The defendant was fined $4,000 for each of the 26 summonses, and $3,000 for one other summons, totalling $107,000.
Karlson Art Studio Company Limited was charged with an offence under sections 7(1) of the Ordinance and fined $6,000 for the summons for failing to enrol an employee in an MPF scheme as required by the Ordinance.
Karlson Art Studio Company Limited was also charged with 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 December 2009 and April 2010. The defendant was fined $3,000 for each of the five summons, totalling $15,000.
Separately, the MPFA also successfully pursued two claims in the Small Claims Tribunal for some $58,000 for 17 employees who were owed MPF contributions by their employers.
At the Tribunal's hearing today, the defendant, Tsang Wai Yan formerly trading as Wo Fung Transportation Company, did not dispute the amounts claimed. The Adjudicator ordered it to pay the MPFA $16,902.88, being mandatory contributions in arrears and surcharges payable.
The other defendant, Good Faith Security Management Limited, did not appear. In its absence, the Adjudicator ordered it to pay the MPFA $41,427.74, 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 $590 and $176 respectively as the costs of the claim.
Ends/Thursday, December 2, 2010
Issued at HKT 20:00
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