非官方發佈資料 Unofficial Release
Letter to MPF Scheme Authority
(on the abuse of power of MPF trustee company)
06/5/2010
以下公開三封致積金局信件,為其中一友好公司因應積金受托人公司無理指控而提出之投訴回函,事緣02至08年間,友好公司不斷受積金受托人公司指 控,所為者只因每月未有提交空白報表,香港小企極多為「兄弟班」,僱員亦即僱主,股東都只支年薪,法例上亦無不可,公司虧本,無薪可支亦屬等閒事,積金受托人 公司不因應本地實況改變運作程序,反為莫須有之文件每月指控此類客戶欠供,並向積金管理局正式要求刑事檢控,更有甚者竟有積金受托人公司員工要求客戶為本身內部失誤 導致之錯失繳交罰款,以減省更正麻煩,無視罰款等同承認短供或遲供款項之刑責,小企東主或負責職員,不知就裡,常繳款了事,法例成為此類財閥濫權依據, 敢問是誰之過。
為存私隱忠厚,內容略有刪改,並忍去人物及公司名稱,網友、讀者或同業,如遇同類事情,應據理力爭及向積金局如實投訴,以免蒙不白之冤。
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Your
Ref.:
Our
Ref.:
Date: 02/10/2008 To: Mr. Lee Senior Inspector MPF Scheme Authority Dear Mr Lee, Re.: False Accusation of Outstanding Mandatory Contribution Based on False Information I
solemnly demand you and your department to take immediate action to
stop and blame the XXX Provident Funds (hereafter called the Provident Funds) for the harassment to me in performing
their duty of MPF service provider.
In the last six years since I used their service, I, as the owner and director of my company, have been accused every month for not paying the MPF contribution to myself. In other words, to put it in a simple way, someone claimed that he was acting on behalf of me to accuse me for not paying myself money. The absurdity of the accusation is self-explanatory. From the annual summaries (appendix 1), you should understand that all payments were duly paid and tendered annually. And, from the monthly statements from Aug, 2005 to Oct, 2006 (Appendix 2), you can also find that my payment was duly received by them but withheld in the cash account for more than one year for an unclear signature on a fax copy sent by facsimile prior to the original copy sent by courier together with the cheque. Not a penny of interest arrears was paid or a word of sorry for the delay was granted due to their mistake. On the contrary, they make a false accusation of short payment over the issue again after three years without any awareness of their fault instead. From the series of letters to your department dated 1/8/2002 and 20/8/2007(Appendix 3) , and letters to the Provident Funds dated 25/4/2008 and 23/5/2008, you should be able to find out the ultimate cause for such a ridiculous accusation. All the absurdity stems from the bureaucratic system and arrogance of the management of the Provident Funds. Their malpractice can be summed up as follow:
My case is not an
isolated or independent issue. Another associated companies
encountered the same false accusation from the Provident Funds. We are really disappointed by the corporate
behavior of this company.
It is deemed that the government should also be liable for the abuse of power of these MPF trustee companies. All the ordinance was made under the influence of lobbiers of these trustee companies on the assumption that they were all faultless, ethical, reliable, responsible and trust worthy. There is no statutory mechanism to check their behavior so that they could bully their customers for high sounding reasons and in the name of law. I can foresee that more allegations will follow when the 30-day settlement period is reduced to 10 days. Our bitter experience tells us that these gigantic corporations and their senior staff have never been willing to admit their mistake. The excessive document processing time or failure in their bureaucratic system will be interpreted as the guilt of late payment or non-payment of employer. In my impression, your department was established to check the behavior of employers but not the MPF trustee companies. Should I say that this is an institutional defect of the MPF project which was created from the view of insurance companies? I hope you would reflect our views to the top government officials. If our grievances is not properly addressed, the community's negative passion against gigantic corporations will be reinforced. Yours sincerely, Enclosed: Appendix 1 MPF Annual Summaries, Appendix 2 MPF Monthly Statements, Appendix 3: Letters to Your Department, Appendix 4: Letters to the Provident Funds |
Appendix 3.1
|
Appendix 3.2Your Ref.: Our Ref.: Date: 2/8/2002Mr. R. Lai Senior Manager Member Protection Department Manadatory Provident Fund Schemes Authority Dear Mr R. LAI
In response to your notice dated 30.7.2002, I would like to inform you
that there is no outstanding Manadatory Provident Fund Contributions
and Surcharge for the captioned period as no income should be reported
untile the end of financial year. I am both the representative of the
employer and also the employee receiving director fee from the
company on yearly basis. I do not understand why the XXX Provident
Funds provided your department the information
beause I supposed they should have been informed of the payment period.
I contacted the Provident Funds and asked them to take remedial measure to correct their record in the morning today. If you still have any queries, please feel free to contact me on 23349800 during office hours. Thank you very much for your attention and consideration. Yours faithfully |