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Two MPF scheme members were sentenced last week to one and two months’ imprisonment respectively, both suspended for two years, after being convicted of breaching the Mandatory Provident Fund Schemes Ordinance (MPFSO) by making a false or misleading statement to an MPF trustee when making early withdrawal application on the grounds of permanent departure from Hong Kong.

The two scheme members applied to MPF trustees for early withdrawal of MPF on the grounds of permanent departure from Hong Kong with their claims approved in December 2006 and April 2013 respectively.  They applied to another MPF trustee for early withdrawal of MPF on the same grounds again in April and May 2018 respectively. The trustee then referred their applications to MPFA under a standard procedure to check against previous claim records. Upon investigation, MPFA discovered that the two scheme members, one of them being a repeat offender convicted of the same offence in July 2010, had made false or misleading statements in the statutory declarations that they had not previously been paid any MPF in any MPF scheme on the same grounds of permanent departure from Hong Kong on an earlier departure date. The MPFA referred the cases to the Police and the Department of Justice for initiating prosecution. The court subsequently ruled that both scheme members had made false or misleading statements. 

The MPFSO states that an MPF scheme member can apply for early withdrawal of MPF on the grounds of permanent departure from Hong Kong, but they can make this claim only once in their lifetime. If a member has exercised this right and subsequently returns to Hong Kong and enrol in another MPF scheme, the member will not be allowed to apply for early withdrawal of MPF on the same grounds 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 on the first occasion and a maximum fine of $200,000 and two year’s imprisonment on any subsequent occasion.

Including the latest conviction cases, to date there are a total of six MPF scheme members who, upon conviction for making a false claim when applying for early withdrawal of MPF on the grounds of permanent departure from Hong Kong, had been sentenced to imprisonment or probation order. 

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

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16 June 2021