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Complaints Against MPF Intermediaries

MPFA’s roles and policies on handling complaints


Who we are

The Mandatory Provident Fund Schemes Authority (MPFA) is a statutory body established under the Mandatory Provident Fund Schemes Ordinance (MPFSO) (Chapter 485, Laws of Hong Kong) to regulate and supervise mandatory provident fund (MPF) schemes and occupational retirement schemes (ORSO schemes).

One of its core functions is to administer the registration of MPF intermediaries, issue guidelines on compliance with statutory requirements applicable to registered MPF intermediaries, and impose disciplinary sanction. The MPFA is responsible for ensuring compliance with the MPFSO and for regulating sales and marketing activities, and the giving of advice, in relation to registered schemes. The core functions of supervision and investigation of regulated persons rest with the frontline regulators or industry regulators, including the Hong Kong Monetary Authority, Insurance Authority and Securities and Futures Commission, which regulate persons whose core business are in the banking, insurance and securities' sectors respectively.

The Enforcement Division of MPFA is responsible for handling complaints against MPF intermediaries for non-compliance with the performance requirements, and/or a person for carrying on regulated activities without MPF intermediary registration.

We recognize the importance of complaints and regard them as opportunities to regulate the conduct of the MPF intermediaries. We are committed to handling your complaint seriously and will deploy our resources effectively to follow up your case and protect your rights as a scheme member or employer.

What we can do

  • Conduct initial processing of complaints and identify possible breach of performance requirements;
  • For cases concerning intermediaries’ performance requirements, assign complaints to the relevant frontline regulators for consideration of initiating investigation;
  • For cases concerning unregistered marketing or sales activities, investigate complaints and take enforcement action if necessary; and
  • Consider and impose disciplinary sanctions and/or take appropriate action if necessary.

What we cannot do

  • Investigate complaints on intermediaries’ performance requirements (this function falls under the relevant frontline regulators);
  • Interfere with MPF intermediaries’ commercial decisions;
  • Handle service quality issues of MPF intermediaries falling outside the regulatory scope of the MPFSO and having no disciplinary or enforcement implications; or
  • Act as your financial or legal adviser.
Notes on criminal prosecution:
  • MPFA’s role: The duty of MPFA is to conduct investigation and collect evidence. (Note: For cases concerning unregistered marketing or sales activities, the MPFA may nominate an industry regulator to assist MPFA in the criminal investigation.) As the MPFSO does not give MPFA the power to prosecute, upon investigation and collection of evidence, MPFA will seek legal advice and make reference to the “Prosecution Code” of the Department of Justice to determine if a case meets the requirements for initiating criminal prosecution.
  • Complainant’s role: In a criminal proceeding, the complainant serves as a witness and helps provide evidence during investigation. Even if the complainant insists on initiating criminal prosecution, MPFA will seek legal advice and make reference to the “Prosecution Code” of the Department of Justice to determine if a case meets the requirements for initiating criminal prosecution.

What to do first if you have a complaint

As complaints caused by misunderstanding or mismatch of expectations can often be resolved after you have liaised with the MPF intermediary, we suggest you to contact the subsidiary intermediary and/or the principal intermediary to whom he/she is attached to reflect your dissatisfaction and seek resolution before filing a complaint with MPFA.

When to seek help

You may lodge a complaint with MPFA about the marketing and sales activities conducted by an MPF intermediary if:
  • The MPF intermediary refuses to handle your complaint;
  • You consider that the MPF intermediary has not handled your complaint in a fair manner;
  • You are not satisfied with the responses provided by the MPF intermediary;
  • You have grounds to believe that your interests have been prejudiced by the MPF intermediary’s conducts; or
  • You suspect the MPF intermediary is carrying out marketing and sales activities without proper registration or is not a registered intermediary.

How do we handle your complaint

Upon receipt of your complaint, we will conduct an initial assessment and, depending on the nature of the allegation(s), we may initiate direct investigation or refer your complaint to the relevant frontline regulators for consideration of initiating investigation. Our focus will be on whether:
  • Your complaint involves regulated activities and falls within the regulatory scope of the MPFSO;
  • Your complaint raises any concerns about MPF intermediaries’ practices which are non-compliant with the relevant MPF legislations and performance requirements; or
  • Your complaint is related to individuals carrying on regulated activities without MPF intermediary registration.

What is our response to your complaint

We endeavour to handle your complaint expeditiously, and upon investigation will inform you of our investigation result to conclude the handling of your case. However, we may not be able to provide you with all the details about our investigation because their disclosure may be subject to certain legal restrictions. For instance, there is a general prohibition in the MPFSO against the disclosure of information which we have obtained in the exercise or performance of our functions under the MPFSO. We may also be restrained from disclosing investigation details as it may adversely affect the administration of justice. Other grounds why such disclosure cannot be made include those set out under Part 2 of the Code on Access to Information of MPFA.

How to lodge a complaint with us

Hotline 2918 0102 (8:45 am to 5:45 pm on weekdays)
Mail Customer Services Department, Level 8, Tower 1, Kowloon Commerce Centre,
51 Kwai Cheong Road, Kwai Chung*
Fax 2259 8806
Email mpfa@mpfa.org.hk

Members of the public should lodge a complaint with us via the above channels which will offer greater convenience and save more time.

If there is any practical need (e.g. present documents) to visit the customer service counter of MPFA office in person, please call MPFA’s telephone enquiry hotline (2918 0102) to make appointment in advance. Visitors have to strictly follow the MPFA’s infection prevention guidelines during the visit.


Office Address Office Hours
Head Office Level 8, Tower 1, Kowloon Commerce Centre, 51 Kwai Cheong Road, Kwai Chung Weekdays:
8:45 am to 5:45 pm

Saturdays, Sundays and Public Holidays:
Closed
Hong Kong Island Office Room 1201 - 1207, Nan Fung Tower, 88 Connaught Road Central, Sheung Wan
Kowloon Office Level 25, Tower 1, Millennium City 1, 388 Kwun Tong Road, Kwun Tong



 
 



 


 


Announcement



* The MPFA will not accept underpaid mail which will be returned to the sender or disposed of by the Hongkong Post. Please affix sufficient postage.

Please note that messages sent via email may not be secure as they could be intercepted, corrupted or lost. You are strongly advised NOT to provide sensitive, personal or confidential data in your email, and you should consider sending your complaints by mail/fax or in person if the content involves such data.

If you would like to file a complaint in writing, you may fill in the Complaint Form below and return it to us by mail or fax, or submit it online. Our staff will contact you by phone upon receipt of your complaint to confirm the details.

Complaint against MPF intermediairies: download form


What information to provide when filing a complaint

To ensure your complaint is processed efficiently, please provide the following when filing a complaint to us:

  • Your personal particulars and contact details;
  • Your proof of identity (e.g. copy of Hong Kong Identity Card);
  • The name and contact details of the person and/or company you are complaining about;
  • Your consent to disclose personal data and complaint details to relevant third parties;
  • Your specific allegation(s) against the intermediary and details about your complaint; and
  • All relevant supporting documents (duplicates), e.g. the intermediary’s business card, copies of enrolment forms or relevant documents, written correspondences or email records/mobile phone text messages, etc.

  • Please provide your identity proof (if applicable) and contact details, without which we will still take your complaint but the following applies:

  • We will not discuss and disclose case progress and investigation results to you; and
  • Investigation of the complaint may be impaired.

  • If you would like to authorize someone to lodge a complaint on your behalf, you must submit a signed authorization form and the authorized person must provide his/her proof of identity (if applicable) and contact details to us.

    Authorization by affected person: download form
    Authorization by affected company / organization: download form

    While MPFA does accept complaints lodged by informants (i.e. persons who are not personally affected by the alleged non-compliance), we will not provide case progress and investigation results to the informants. Please note that we might not be able to take follow-up action if only limited information is provided.

    Personal Information Collection Statement

    Please read our Personal Information Collection Statement for Complaints before filing a complaint.

    Last Revision Date: 06/08/2020