Conviction of making false statements to claim MPF benefits

Hong Kong: Conviction of making false statements to claim MPF benefits Submitted by editor on January 5, 2011 – 05:30 The following is issued on behalf of the Mandatory Provident Fund Schemes Authority:

Four Mandatory Provident Fund (MPF) scheme members were convicted today (January 4) and fined a total of $24,000 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 Wong Kin Wai, Lo Fat Hoi, Chan Kam Keung and Mok Chi Wan Alan were each fined $6,000.

According to the prosecution, the defendants, Wong Kin Wai, Lo Fat Hoi, Chan Kam Keung and Mok Chi Wan Alan applied to MPF trustees on November 23, December 9, December 16, 2009 and April 22, 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.

Meanwhile, two officers and eight employers were fined a total of $491,000 at the Kwun Tong Magistracy today after being convicted of offences under the Ordinance.
Cho Wing Lan Daisy, an officer of First Basic (HK) Limited, was charged with offences under sections 7(1A)(b) and 44 of the Ordinance and fined $3,000 for the summons for failing to enrol an employee in an MPF scheme as required by the Ordinance.

Cho Wing Lan Daisy was also charged with offences under sections 7AA(7) and 44 of the Ordinance. The defendant pleaded guilty to 16 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 November 2008 and February 2010. The defendant was fined $2,000 for each summons, totalling $32,000.

First Basic (HK) Limited was charged with an offence under section 7(1A)(b) of the Ordinance and fined $3,000 for the summons for failing to enrol an employee in an MPF scheme as required by the Ordinance.

First Basic (HK) Limited was also charged with an offence under section 7AA(7) of the Ordinance. The defendant pleaded guilty to 16 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 November 2008 and February 2010. The defendant was fined $2,000 for each summons, totalling $32,000.

Yiu Cheuk Yan, an officer of Sun Wai Trading (Eng) Company Limited, was charged with offences under sections 7A(8) and 44 of the Ordinance and pleaded guilty to 13 counts of failing to make MPF contributions for an employee within the prescribed time for the contribution periods between February and December 2005, and also in November and December 2009. The defendant was fined $2,000 for each of 11 summonses, and $4,000 for each of the remaining 2 summonses, totalling $30,000.

Sun Wai Trading (Eng) Company Limited was also charged with an offence under section 7A(8) of the Ordinance and pleaded guilty to 13 counts of failing to make MPF contributions for an employee within the prescribed time for the contribution periods between February and December 2005, and also in November and December 2009. The defendant was fined $2,000 for each of 11 summonses, and $4,000 for each of the remaining two summonses, totalling $30,000.

New Vision Engineering Limited (BR no.: 38140959) was charged with an offence under section 7A(8) of the Ordinance and pleaded guilty to 30 counts of failing to make MPF contributions for three employees within the prescribed time for the contribution periods between October 2009 and July 2010. The defendant was fined $6,000 for each summons, totalling $180,000. The Magistrate also ordered the defendant to pay $33,517.15 on or before 25 January 2011, being mandatory contributions in arrears and surcharges payable for three employees. The amounts awarded will be reimbursed to the employees MPF accounts as soon as they are received by the MPFA.

Co-Dash Construction Company Limited (BR no.: 21804332) 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.

Co-Dash Construction Company Limited was also 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 $6,000 for the summons.

Co-Dash Construction Company Limited was also charged with 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 March and September 2009. The defendant was fined $3,000 for each of five summonses and $4,000 for each of the remaining two summonses, totalling $23,000.

Co-Dash Construction Company Limited was also charged with an offence under section 7A(8) of the Ordinance and pleaded guilty to seven counts of failing to make MPF contributions for an employee within the prescribed time for the contribution periods between December 2009 and June 2010. The defendant was fined $4,000 for each of six summonses, and $3,000 for the remaining summons, totalling $27,000.

KQC Asia Limited 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 $6,000 for the summons.

KQC Asia 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 November 2008 and March 2009. The defendant was fined $3,000 for each of five summonses, totalling $15,000.

KQC Asia Limited was also charged with an offence under section 7A(8) of the Ordinance and pleaded guilty to six counts of failing to make MPF contributions for an employee within the prescribed time for the contribution periods in April, June and October 2009 and in January, February and June 2010. The defendant was fined $3,000 for one summons and $4,000 for each of the remaining five summonses, totalling $23,000.

Profit Luck Investment Limited trading as Dor Hay Seafood Restaurant 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 $6,000 for the summons.

Profit Luck Investment Limited trading as Dor Hay Seafood Restaurant was also charged with an offence 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 between March and August 2010. The defendant was fined $3,000 for one of the summonses, and $4,000 for each of the remaining five summonses, totalling $23,000.

Huang Po Yin Boey trading as Party Nail 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 $6,000 for the summons.

Huang Po Yin Boey trading as Party Nail was also charged with an offence 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 between January and June 2010. The defendant was fined $3,000 for each summons, totalling $18,000.

Century 21 Everwell Property Agency Company Limited 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 $6,000 for the summons.

Century 21 Everwell Property Agency 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 four summonses, and $4,000 for the remaining summons, totalling $16,000.