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False “Permanent Departure” Claim to Grab MPF — HK$6,000 Fine; Two Employers Fined HK$142,000 for Missing Contributions

2010-12-03
Marcus Tang

MPF isn’t yours to grab at will. Scheme member Kwok Ki applied for early withdrawal claiming “permanent departure from Hong Kong”, then made false and misleading statements to the trustee on 16 September 2009, denying he’d ever withdrawn on those grounds before — breaching MPF Ordinance s.43E(1). Convicted at Kwun Tong Magistrates’ Court on 2 December 2010, fined HK$6,000.

How much were the two defaulting employers fined?

HK$142,000 combined. 2068 Fashion Ltd failed to enrol an employee and missed contribution deadlines from February 2009 to March 2010 — 29 charges, HK$121,000 in fines; Karlson Art Studio Company Limited missed deadlines too — 6 charges, HK$21,000.

How much did the MPFA recover for employees?

About HK$58,000 for 17 employees. The MPFA sued two employers in the Small Claims Tribunal: ex-operator Tsang Wai-yan of Wo Fung Transportation accepted the claim and was ordered to pay HK$16,902.88 in arrears plus surcharges; Shun Shing Security Management didn’t show and was ordered to pay HK$41,427.74. Recovered sums go straight into employees’ MPF accounts.

Know your rights — compare schemes at MPF fund comparison.

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