MPF Withdrawal Permanent Departure: False Claims Are a Criminal Offence

This article is a rewrite of a report from March 2012.

Ah Chik’s friend Kiki is marrying and moving to France next month, planning to settle there permanently. She has already sold all her Hong Kong assets — but her MPF has her stumped. Ah Chik tells her she can claim it early on MPF withdrawal permanent departure grounds — with one catch: the reason can be used only once in a lifetime, and lying about it is a criminal offence.

What Is the Procedure for Permanent-Departure Withdrawal?

The claimant must declare in writing that they have left or will leave Hong Kong permanently and have never used this ground to withdraw MPF early before — then swear an oath at the Home Affairs Department confirming the declaration is true. Ah Chik reminds Kiki that this is the formal statutory-declaration procedure; it cannot be done casually.

How Do the Authorities Verify a Claimant Really Left Permanently?

The MPFA checks the immigration records of suspicious cases through the Immigration Department, matching them against the departure dates stated in the statutory declaration filed with the trustee; anyone found to have left only briefly faces enforcement action. The MPFA’s database holds every permanent-departure withdrawal on record, and trustees verify with the MPFA whether an applicant has used this ground before.

Is Returning to Work in Hong Kong a Breach?

No — but Kiki must re-enrol in an MPF scheme and resume contributions. Ah Chik adds a warning: the law allows the permanent-departure ground only once per lifetime, so even if she leaves Hong Kong again later, she cannot invoke the same reason a second time without breaking the law.

What Are the Consequences of a False Claim?

Falsely claiming permanent departure — or falsely claiming never to have done so — carries a maximum penalty of a HK$100,000 fine and one year’s imprisonment; in 2010/11, 79 scheme members were prosecuted on this ground, with convicted offenders fined between HK$2,000 and HK$18,000. The MPFA hotline is 2918 0102 for enquiries.