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Conviction of making false statements to claim MPF benefits
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The following is issued on behalf of the Mandatory Provident Fund Schemes Authority:

     Two Mandatory Provident Fund (MPF) scheme members were convicted today (January 3) and fined a total of $12,000 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 MPF trustees.

     Defendants Chan Ka Hing and Yau Chun Wing were both fined $6,000.

     According to the prosecution, the defendants, Chan Ka Hing and Yau Chun Wing, applied to MPF trustees on April 22 and March 19, 2010 respectively for early withdrawal of their MPF accrued benefits on the ground of permanent departure. Investigation by the Mandatory Provident Fund Schemes Authority (MPFA) found that the defendants had recklessly provided false and misleading statements in claiming that they had not previously claimed payment of accrued benefits on the ground of permanent departure on an earlier departure date. The defendants were both fined $6,000 for the summonses.

     Separately, the MPFA also successfully pursued seven claims in the Small Claims Tribunal for some $118,000 for 107 employees who were owed MPF contributions by their employers.

     At the Tribunal's hearing today, the defendants, Chau Kin Man Wilson trading as Man Tat Engineering Company, and Bishwakarma Sujit Kumar trading as Lachhimi Engineering, did not dispute the amounts claimed. The Adjudicator ordered them to pay the MPFA $17,502.66 and $1,286.26 respectively, being mandatory contributions in arrears and surcharges payable.

     The other five defendants, Painting International Management Limited, Asia Intelligence (H.K.) Limited, Aroma Restaurant Limited, C&K International (Holding) Limited and GPLS Limited, did not appear in court. In their absence, the Adjudicator ordered them to pay the MPFA $47,064.5, $46,056.07, $6,142.5, $479.75 and $390 respectively, being mandatory contributions in arrears and surcharges payable.

     The amounts 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 $159, $109, $196, $225, $80, $76 and $86 respectively as the costs of the claim.

Ends/Monday, January 3, 2011
Issued at HKT 18:21

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