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- Scheme member jailed for breaching MPFS Ordinance
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Scheme member jailed for breaching MPFS Ordinance
A Mandatory Provident Fund (MPF) scheme member was sentenced in Kwun Tong Magistrates’ Courts today (24 April) to 21 days’ imprisonment, after being convicted of breaching the Mandatory Provident Fund Schemes Ordinance (MPFSO) by making a false or misleading statement to an MPF trustee. This is the first case in which the defendant was sentenced to serve a custodial sentence.
In 2007, the defendant made a successful claim to a trustee for early withdrawal of her MPF on the ground of permanent departure from Hong Kong. In July 2013, she applied to another trustee for early withdrawal of her MPF on the same ground. An investigation by the Mandatory Provident Fund Schemes Authority (MPFA) found that she had made a false or misleading statement to the trustee in claiming that she had not previously claimed payment of the MPF on the ground of permanent departure at an earlier declared departure date.
The MPFSO states that scheme members are allowed to apply for early withdrawal of the MPF on the ground of permanent departure from Hong Kong only once in a lifetime. Even if members return to Hong Kong after having withdrawn their MPF previously and enrol in another MPF scheme, they cannot apply for early withdrawal of the MPF on the same ground again. Any person making false or misleading statements in this regard commits an offence and is liable to a maximum fine of $100,000 and one year’s imprisonment.
In March 2013, another scheme member was sentenced to eight months’ imprisonment, suspended for three years, after being convicted of making false or misleading statements to MPF trustees.
The MPFA takes stringent enforcement action against such offenders, among others, maintaining close communication with the relevant Government departments and looking into suspected cases to investigate whether applicants have permanently departed from Hong Kong. The MPFA keeps a register of all scheme members who have withdrawn their MPF on the ground of permanent departure from Hong Kong to verify if an applicant has previously made a claim on the same ground before. The MPFA calls on scheme members to abide by the law.
- Ends -
24 April 2014
In 2007, the defendant made a successful claim to a trustee for early withdrawal of her MPF on the ground of permanent departure from Hong Kong. In July 2013, she applied to another trustee for early withdrawal of her MPF on the same ground. An investigation by the Mandatory Provident Fund Schemes Authority (MPFA) found that she had made a false or misleading statement to the trustee in claiming that she had not previously claimed payment of the MPF on the ground of permanent departure at an earlier declared departure date.
The MPFSO states that scheme members are allowed to apply for early withdrawal of the MPF on the ground of permanent departure from Hong Kong only once in a lifetime. Even if members return to Hong Kong after having withdrawn their MPF previously and enrol in another MPF scheme, they cannot apply for early withdrawal of the MPF on the same ground again. Any person making false or misleading statements in this regard commits an offence and is liable to a maximum fine of $100,000 and one year’s imprisonment.
In March 2013, another scheme member was sentenced to eight months’ imprisonment, suspended for three years, after being convicted of making false or misleading statements to MPF trustees.
The MPFA takes stringent enforcement action against such offenders, among others, maintaining close communication with the relevant Government departments and looking into suspected cases to investigate whether applicants have permanently departed from Hong Kong. The MPFA keeps a register of all scheme members who have withdrawn their MPF on the ground of permanent departure from Hong Kong to verify if an applicant has previously made a claim on the same ground before. The MPFA calls on scheme members to abide by the law.
- Ends -
24 April 2014
