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Jail sentence for false claim for MPF withdrawal

An MPF scheme member was sentenced to seven days’ imprisonment, suspended for two years recently after being convicted of breaching the Mandatory Provident Fund Schemes Ordinance (MPFSO) by making a false or misleading statement to an MPF trustee.

In July 2007, the defendant’s claim to an MPF trustee for early withdrawal of MPF on the ground of permanent departure from Hong Kong was approved. In March 2017, he applied to another MPF trustee for early withdrawal of MPF on the same ground. The MPFA was informed by the trustee about the application. Upon investigation, MPFA discovered that the defendant had made a false or misleading statement in the statutory declaration. The MPFA referred the case to the Police and Department of Justice for initiating prosecution. The court subsequently ruled that the defendant had made a false or misleading statement.

The MPFSO states that MPF scheme members who genuinely depart from Hong Kong permanently can apply for early withdrawal of MPF, and they can only do so once in their lifetime. If members return to Hong Kong after having withdrawn their MPF previously and enrol in another MPF scheme, they cannot apply for early withdrawal of MPF on the same ground again. Any person making a false or misleading statement in this regard commits an offence and is liable to a maximum fine of $100,000 and one year’s imprisonment.  

There have been cases in which MPF scheme members who made a false claim when applying for early withdrawal of MPF on the ground of permanent departure from Hong Kong were fined or sentenced to community service or imprisonment, among which, a member was sentenced to 21 days’ imprisonment in 2014.

An MPFA spokesperson calls on MPF scheme members to abide by the law. The MPFA maintains close communication with the relevant Government departments and investigates suspected cases to determine whether applicants have genuinely departed from Hong Kong permanently. Besides, the MPFA keeps a register of all who have withdrawn their MPF on the ground of permanent departure from Hong Kong to verify if an applicant has previously made a claim on the same ground. The MPFA will handle all suspicious cases in accordance with the law.

5 June 2020

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Last Review Date: 05/06/2020