Enforcement

Enforcement Statistics

The following are some statistics on the enforcement actions taken and handling of complaints involving MPF trustees by MPFA for the period from 1 April 2020 to 31 March 2021.

Complaints involving MPF trustees

  • Total number of complaint cases MPF trustees: 706

*Since a complaint may cover more than one subject matter, the total number of subject matters of complaints may exceed the total number of complaints.

 

Enforcement actions involving MPF trustees

The MPFA imposed financial penalties on MPF trustees relating to their failure to comply with scheme administration duties, which included (1) late reporting of default contributions to MPFA; (2) late processing of transfer or payment of MPF benefits; and (3) failure to invest the contribution of members in accordance with the members’ investment mandates.

 

  • Financial penalty notices issued: 12
  • MPF trustees penalized: 7
  • Total amount of penalties: $360,000

Enforcement actions involving MPF intermediaries

Non-compliance
Disciplinary Action
Transferring a scheme member’s MPF benefits without authorization; asking the member to sign on incomplete forms; failing to provide copies of the signed documents to the member; and failing to provide and explain the MPF scheme to be joined by the member
Suspended the registration of a Subsidiary Intermediary for 15 months
Transferring a scheme member’s MPF benefits without authorization; misusing the member’s personal information; forging the member’s signature on MPF forms; and impersonating the member to obtained the member’s account information from an MPF trustee
Suspended the registration of a Subsidiary Intermediary for 40 months
Making inaccurate statements about the information of MPF schemes, failing to carry out scheme member’s instruction promptly, asking clients to sign on incomplete forms and failing to comply with Principal Intermediary’s procedures of conduct etc.
Issued advisory letters to 11 Subsidiary Intermediaries and five Principal Intermediaries

Enforcement actions involving employers and scheme members

Criminal Actions:
  • 603 summonses were applied against non-compliant employers and directors/managers of limited companies
  • 156 summonses were applied against scheme members
     
Civil Actions:
  • 867 claims were filed to civil courts to pursue default contribution
  • 91 garnishee orders were granted to seize moneys from defaulting employers’ bank accounts
  • 119 bailiff actions were imposed to seize assets from defaulting employers
  • Nine court orders were granted by court to compel convicted employers to rectify the non-compliance
  • 40 financial penalty notices were issued to repeat defaulters
     
Total amount of default contribution recovered:
  • $196.3 million of default contributions were recovered on behalf of employees