Two Mandatory Provident Fund (MPF) scheme members were convicted today

The following is issued on behalf of the Mandatory Provident Fund Schemes Authority:

Two Mandatory Provident Fund (MPF) scheme members were convicted today (December 14) 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 Wong Dik-long and Wong Ka-ming were each fined $6,000.

According to the prosecution, the defendants, Wong Dik-long and Wong Ka-ming, applied to the trustees on February 26, 2010 and May 27, 2010 respectively for early withdrawal of their MPF accrued benefits on the grounds 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 grounds of permanent departure on an earlier departure date.

Meanwhile, an officer and 12 employers were fined a total of $268,000 at the Kwun Tong Magistracy today after being convicted of offences under the Ordinance.

Cheung Man-yi, officer of MBS Studios Limited, was charged with offences under sections 7A(8) and 44 of the Ordinance and pleaded guilty to four counts of failing to make MPF contributions for an employee within the prescribed time for the contribution periods between January and March 2010, and in May 2010. The defendant was fined $4,000 for each summons, totalling $16,000.

MBS Studios Limited was also charged with an offence under section 7A(8) of the Ordinance and pleaded guilty to four counts of failing to make MPF contributions for an employee within the prescribed time for the contribution periods between January and March 2010, and in May 2010. The defendant was fined $4,000 for each summons, totalling $16,000.

Maxthrust Limited trading as The Aviator was charged with an offence under section 7A(8) of the Ordinance and pleaded guilty to eight counts of failing to make MPF contributions for an employee within the prescribed time for the contribution periods between September 2009 and April 2010. The defendant was fined $6,000 for each summons, totalling $48,000. The Magistrate also ordered the defendant to pay $12,976.68, being mandatory contributions in arrears and surcharges payable for the employee, on or before January 4, 2011. The amount awarded will be reimbursed to the employees MPF account as soon as it is received by the MPFA.

Arttech Engineering (Hong Kong) Co. Limited was charged with an offence under section 7AA(7) of the Ordinance. The defendant pleaded guilty to a count 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 period in December 2009. The defendant was fined $3,000.

Arttech Engineering (Hong Kong) Co. Limited was also charged with an offence under section 7A(8) of the Ordinance and pleaded guilty to four counts of failing to make MPF contributions for an employee within the prescribed time for the contribution periods between January and April 2010. The defendant was fined $4,000 for each summons, totalling $16,000.

Chiang Shu-on trading as Countryside Kennel was charged with an offence under section 7AA(7) of the Ordinance. The defendant pleaded guilty to four 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 September and December 2009. The defendant was fined $3,000 for each summons, totalling $12,000.

Chiang Shu-on trading as Countryside Kennel was also charged with an offence under section 7A(8) of the Ordinance and pleaded guilty to two counts of failing to make MPF contributions for an employee within the prescribed time for the contribution periods between January and February 2010. The defendant was fined $3,000 for each summons, totalling $6,000.

Shun Yip Transportation Limited 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 $5,000.

Shun Yip Transportation 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.