Enforcement Statistics

The following are some enforcement statistics of the MPFA for the period from 1 April 2019 to 31 March 2020.

Actions against MPF trustees:

•	Total number of complaint cases against trustees: 246

Types of allegations

Total number of allegations*:314
Quality of customer services 32%
Handling of accrued benefits withdrawal requests 21%
Handling of contributions and default contributions reporting 17%
Handling of member records and fund switching requests 16%
Others 14%
*Since a complaint may cover more than one allegation, the total number of allegations may exceed the total number of complaints.

•	The MPFA imposed financial penalties on trustees for their failures to timely auto-preserve members’ accrued benefits, pay accrued benefits to member and report cases of non-payment of contribution surcharges to the MPFA.
	Financial penalty notices issued: 4 Trustees penalised: 3 Total amount of financial penalties: $1,520,000

Actions against MPF intermediaries:

Non-compliance act	Disciplinary action
Deviating from the standard set out in the Conduct Guidelines for identifying risk mismatch cases and failing to provide audit trail for its conversation with client in those cases	Fined a Principal Intermediary $500,000
Transferring a scheme member’s MPF benefits without authorization Disclosing a scheme member’s personal information to a third party for impersonating the member and obtaining the member’s account information from an MPF trustee	Disqualified a former Subsidiary Intermediary from registration for 10 months
Asking clients to sign on incomplete forms, failing to keep record of clients’ instructions and to comply with Principal Intermediary’s procedures of conduct etc.	Issued compliance advice letters or reminder letters to seven Subsidiary Intermediaries and one Principal Intermediary

Actions against non-compliant employers and scheme members:

Criminal Actions:	587 summonses were applied against non-compliant employers and directors/managers of limited companies 80 summonses were applied against scheme members
Civil Actions:	794 claims were filed to civil courts to pursue default contribution 123 Garnishee Orders were granted to seize moneys from defaulting employers’ bank accounts 63 Bailiff actions were imposed to seize assets from defaulting employers Seven court orders were granted by court to compel convicted employers to rectify the non-compliance 134 Financial penalty notices were issued to repeat defaulters
Total amount of default contribution recovered:	$157.8 million of default contributions were recovered on behalf of employees