***********************************************************
The following is issued on behalf of the Mandatory Provident Fund Schemes Authority:
A Mandatory Provident Fund (MPF) scheme member was convicted today (January 11) and fined $6,000 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.
According to the prosecution, the defendant, Manalo Melanie Acuario, applied to an MPF trustee on May 24, 2010 for early withdrawal of her MPF accrued benefits on the ground of permanent departure. Investigation by the Mandatory Provident Fund Schemes Authority (MPFA) found that the defendant had recklessly provided false and misleading statements in claiming that she had not previously claimed payment of accrued benefits on the ground of permanent departure on an earlier departure date.
Meanwhile, three officers and seven employers were fined a total of $409,000 at the Kwun Tong Magistracy today after being convicted of offences under the Ordinance.
Chung Kam Yin, Officer of R & L Advertising Promotion (China) Limited, was charged with an offence under sections 7(1) and 44 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 $3,000 for the summons.
Chung Kam Yin was also charged with an offence under sections 7AA(7) and 44 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 July and December 2009. The defendant was fined $1,500 for each of the first two summonses and $2,000 for each of the remaining four summonses, totalling $11,000.
Chung Kam Yin was also charged with an offence under sections 7A(8) and 44 of the Ordinance and pleaded guilty to three counts of failing to make MPF contributions for an employee within the prescribed time for the contribution periods between January and March 2010. The defendant was fined $2,000 for each summons, totalling $6,000.
R & L Advertising Promotion (China) 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 $3,000 for the summons.
R & L Advertising Promotion (China) Limited 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 July and December 2009. The defendant was fined $1,500 for each of the first two summonses and $2,000 for each of the remaining four summonses, totalling $11,000.
R & L Advertising Promotion (China) Limited was also charged with an offence under section 7A(8) of the Ordinance and pleaded guilty to three counts of failing to make MPF contributions for an employee within the prescribed time for the contribution periods between January and March 2010. The defendant was fined $2,000 for each summons, totalling $6,000.
Lai Wing Keung Ricky, Officer of New Wave Workshop Limited, was charged with an offence under sections 7(1) and 44 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 $3,000 for the summons.
Lai Wing Keung Ricky was also charged with an offence under sections 7AA(7) and 44 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 2009 and March 2010. The defendant was fined $4,000 for each of the first four summonses and $3,000 for the remaining summons, totalling $19,000.
New Wave Workshop 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 $3,000 for the summons.
New Wave Workshop 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 June and October 2009. The defendant was fined $3,000 for each of the first two summonses and $4,000 for each of the remaining three summonses, totalling $18,000.
Fung Pik Mui Jokie, Officer of Eternal Ethos Limited trading as Dazzle Spirea, was charged with an offence under sections 7(1) and 44 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 $3,000 for the summons.
Fung Pik Mui Jokie was also charged with an offence under sections 7A(8) and 44 of the Ordinance and pleaded guilty to 14 counts of failing to make MPF contributions for an employee within the prescribed time for the contribution periods between April 2009 and May 2010. The defendant was fined $2,000 for each of the first 12 summonses and $1,500 for each of the remaining two summonses, totalling $27,000.
Eternal Ethos Limited trading as Dazzle Spirea was also charged with an offence under section 7(1) of the Ordinance. The defendant pleaded guilty to two counts of failing to enrol two employees in MPF schemes as required by the Ordinance and was fined $6,000 for one summonses and $3,000 for the other, totalling $9,000.
Eternal Ethos Limited trading as Dazzle Spirea was also charged with an offence under section 7A(8) of the Ordinance and pleaded guilty to 28 counts of failing to make MPF contributions for two employees within the prescribed time for the contribution periods between April 2009 and May 2010. The defendant was fined $2,000 for each of 12 summonses, $1,500 for each of two summonses and $4,000 for each of the remaining 14 summonses, totalling $83,000.
Energie Building Supplies Limited, was charged with an offence under section 7(1) of the Ordinance. The defendant pleaded guilty to two counts of failing to enrol two employees in an MPF scheme as required by the Ordinance and was fined $4,000 for each summons, totalling $8,000.
Energie Building Supplies Limited was also charged with an offence under section 7AA(7) of the Ordinance. The defendant pleaded guilty to 10 counts of failing to make MPF contributions to the MPFA for two employees who were not members of a registered scheme within the prescribed time for the contribution periods between October and December 2008 and between May and November 2009. The defendant was fined $3,000 for each of four summonses and $4,000 for each of the remaining six summonses, totalling $36,000.
Energie Building Supplies Limited was also charged with an offence under section 7A(8) of the Ordinance and pleaded guilty to nine counts of failing to make MPF contributions for an employee within the prescribed time for the contribution periods between March and November 2009. The defendant was fined $4,000 for each summons, totalling $36,000.
Everise Water Technology Limited was charged with an offence under section 7A(8) of the Ordinance and pleaded guilty to nine counts of failing to make MPF contributions for an employee within the prescribed time for the contribution periods between September 2009 and May 2010. The defendant was fined $6,000 for each summons, totalling $54,000. The Magistrate also ordered the defendant to pay $7,332.46 on or before February 1, 2011, being mandatory contributions in arrears and surcharges payable for an employee. The amount awarded will be reimbursed to the employee's MPF account as soon as it is received by the MPFA.
Hui Kam Fai Stefan trading as The Head Shop was charged with an offence under section 43E(1) of the Ordinance for making false or misleading statements. The defendant pleaded guilty to 15 counts of misreporting the "relevant income" of an employee to a trustee. The defendant was fined $6,000 for the first summons and $1,000 for each of the remaining 14 summonses, totalling $20,000.
Hui Kam Fai Stefan trading as The Head Shop was also charged with an offence under section 7A(8) of the Ordinance and pleaded guilty to 15 counts of failing to make MPF contributions for an employee within the prescribed time for the contribution periods between April 2008 and June 2009. The defendant was fined $2,000 for each of the first seven summonses and $3,000 for each of the remaining eight summonses, totalling $38,000.
ISPL Consulting 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.
ISPL Consulting Limited 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 in April 2007 and October 2009. The defendant was fined $2,000 for the first summons and $4,000 for the remaining summons, totalling $6,000.
Meanwhile, the MPFA successfully pursued four claims in the Small Claims Tribunal for some $85,000 for 20 employees who were owed MPF contributions by their employers.
At the Tribunal's hearings today, one of the defendants, Painting International Limited, did not dispute the amount claimed. The Adjudicator ordered it to pay the MPFA $32,382.5, being mandatory contributions in arrears and surcharges payable.
The other three defendants, namely Good Faith Security Management Limited, Hang Fung Vacuumforming Manufactory Limited and Good Faith Security Consultants Limited, did not appear. In their absence, the Adjudicator ordered them to pay the MPFA $29,565, $17,132.35 and $6,078.68 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 $110, $90, $116 and $60 respectively as the costs of the claim.
Ends/Tuesday, January 11, 2011
Issued at HKT 20:16
NNNN