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Three employers fined for breaching MPFS Ordinance

Three employers were fined $78,000 at the Kwun Tong Magistracy today (6 July), after being convicted of offences under the Mandatory Provident Fund Schemes Ordinance (Cap. 485) (the "Ordinance").

Fashion Tress (America) Engineering Company Limited (BR no.: 21823837) was charged for an offence under section 7(1) of the Ordinance. The defendant was fined $6,000 for the summons for failing to enrol an employee in an MPF scheme as required by the Ordinance.

Fashion Tress (America) Engineering Company Limited was also charged for an offence under section 7AA(7) of the Ordinance. The defendant pleaded guilty to eight counts of failing to make MPF contributions to the MPFA for its relevant employee who was not a member of a registered scheme within the prescribed time for the contribution periods between February and September 2009. The defendant was fined $3,000 for each summons, totaling $24,000.

Continuing Education Consultancy Limited (BR no.:35398539) was charged for an offence under section 7(1) of the Ordinance. The defendant was fined $6,000 for the summons for failing to enrol an employee in an MPF scheme as required by the Ordinance.

Continuing Education Consultancy Limited was also charged for 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 its relevant employee who was not a member of a registered scheme within the prescribed time for the contribution periods between November 2008 and April 2009. The defendant was fined $3,000 for each summons, totaling $18,000.

Net-Concept Engineering Co. Limited (BR no.:32608682) was also charged for an offence under section 7A(8) of the Ordinance. The defendant pleaded guilty to seven counts of failing to make MPF contributions for an employee within the prescribed time for the contribution periods between February and August 2009. The defendant was fined $3,000 each for four summonses and $4,000 for the remaining summonses, totaling $24,000.

Meanwhile, the Mandatory Provident Fund Schemes Authority (MPFA) today also obtained two orders for payment of outstanding MPF contributions at about $558,000 against two employers in the District Court.

The District Court today granted judgments against two employers, namely Hang Fung Infrastructure Limited and Deschamps Catering Company Limited. The defendants were ordered to pay the MPFA the sums of $420,245.66 and $138,664.15 respectively, being mandatory contributions in arrears and surcharges payable to respective 138 and 31 employees.

The MPFA also pursued two claims in the Small Claims Tribunal for some $45,000 on behalf of 12 employees, who were owed MPF contributions by their employers.

At the Tribunal's hearing today, two defendants, namely Goldwell Construction Limited and Hopewell International (Hong Kong) Limited, did not appear. In their absence, the Adjudicator ordered them to pay the MPFA the sums of $45,124.92 and $210 respectively, being mandatory contributions in arrears and surcharges payable respectively.

The amounts both awarded at the District Court and the Tribunal will be reimbursed to the employees' MPF accounts as soon as they are received by the MPFA. The District Court ordered the defendants to pay the costs of $930 respectively. The Tribunal ordered the respective defendants to pay $210 and $119 as the costs of the claims.



End/Tuesday, 6 July 2010

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