A question on permanent departure from Hong Kong and early withdrawal of MPF. ...

According to the MPF legislation, scheme members must reach the age of 65 before they can get back their MPF contributions, except in the following circumstances:

1. They have reached the age of 6 and have retired

2. They have permanently left China and Hong Kong

3. They have completely lost their ability to work (they must provide the scheme trustee with a medical certificate issued by a registered doctor/registered Chinese medicine practitioner in a format specified or approved by the MPFA, Prove that the member is permanently unfit to perform the kind of work specified in the certificate for the reasons specified in the certificate)

4. Death (MPF is handled by the personal representative)

5. Small balance (no contribution was required in the past 12 months, and the total accumulated rights and interests did not exceed 5, yuan, indicating that he will not work in the future)

Apart from the above, the law does not empower the MPFA to allow scheme members to withdraw MPF in individual cases.

If a scheme member wants to claim the accrued benefits of the MPF scheme on the grounds of permanently leaving China and Hong Kong, he must fill in the relevant claim form MPF(S)-W and return it directly to his scheme trustee together with the following documents to claim:

(1) The statutory declaration made by the member MPF(S)-W(SD2). And

(ii) the member did not claim accrued benefits from any registered scheme on the grounds of permanently leaving China and Hong Kong at an earlier date; And

(2) proof that the trustee of the scheme is satisfied that the member is allowed to live permanently or indefinitely in a place outside China.

With regard to the relevant statutory declarations, scheme members can take an oath before a commissioner for oaths/notary public/justice of the peace, and the contents of the oath must be true and signed by them. Scheme members can make arrangements to take the oath before the commissioner for oaths through the Home Affairs Department of China and Hongkong. For details, please contact the Home Affairs Department (Tel: 2835 25). Statutory declarations made outside China and Hong Kong are acceptable as long as they are made in front of notaries or persons authorized by the laws of that place to administer oaths or supervise statutory declarations and signed by them.

There is no provision in the MPF legislation that prohibits the person concerned from withdrawing accrued benefits on the grounds of leaving China and Hong Kong permanently and returning to China and Hong Kong to work. If the person subsequently changes his original intention according to the actual situation and needs, and is employed or self-employed in China and Hong Kong again, unless he is an exempted person, he still has to rejoin the MPF scheme and make contributions within the special period.

If a person is paid accrued benefits from an MPF scheme on the ground that he has left China and Hong Kong permanently or will leave Hong Kong permanently on a specified date, he is not entitled to be paid accrued benefits from the MPF scheme on the ground that he claims to have left China and Hong Kong permanently or will leave Hong Kong permanently on a later date before reaching retirement age.

if you have any questions about the claim procedure, please contact the scheme trustee directly. You may also refer to our guidelineNo. IV.4: "Guidelines on Payment of Accrued Benefits-Documents to be Submitted to the Approved Trustee". The guidelines and related forms can be downloaded from the mpfa website by selecting "Laws and Regulations" and then "Guidelines".

For the contact information of the scheme trustee, please visit the MPFA website and select "Approved Trustee" in the "Useful Links" in the "Information Center".

For further enquiries, please contact Miss Wu Kaixin of MPFA at 2918 12. Since you are leaving China and Hong Kong permanently, you must make a statutory declaration (that is, take an oath), that is, for example, you decided to emigrate or settle down and work in other places at that time, so you can't return to Hong Kong in principle, but in fact, things are unpredictable, or you may find that it is best to end up in China and Hong Kong after moving abroad, and you can know the future from the wild?

The most important point is that you didn't give up your right of abode in China and Hong Kong and your nationality before you left, so you absolutely have the right to return to Hong Kong. It can be said that there are only more than 3, you should know what I mean!

You only need to contact the MPF trustee directly (such as an insurance company or bank, not your employer) to get the relevant withdrawal form!

You can also go to the district offices to make a statement (that is, take an oath) yourself. The fee is free, and the procedure can only be completed in ten minutes!

just prepare some documents to prove that you have left China and Hongkong permanently, and return them to your MPF trustee together with the completed withdrawal form!

However, you should pay attention to the following matters:

According to the provisions of the MPF Ordinance, if you claim MPF on the grounds of permanently leaving China and Hong Kong, you must provide the trustee with relevant certificates, including the statutory declaration of permanently leaving China and Hong Kong. Any person who makes a false or misleading statement in a material respect of the claim form commits an offence.

upon conviction, the maximum penalty is a fine of $1, and imprisonment for 12 months. The maximum penalty for each subsequent conviction is a fine of $2, and imprisonment for 24 months.

I hope I can answer your question.

If you still have any questions, you can visit my personal blog:

.myblog.yahoo/david-lee, reference: I specialize in labor cases and have been in and out of court hundreds of times! When the economy is in recession, many people want to withdraw their MPF contributions. The law does not stipulate that people who get the MPF early on the grounds of leaving China and Hong Kong permanently cannot go back to work in China and Hong Kong. Therefore, there is no fraud involved. They just lose the right to get the MPF early for the same reason, but there will be no punishment. Moreover, the MPF itself is employees' own hard-earned money, and the MPFA does not approve the enactment of heavy penalties. In fact, it is not a false oath for people to return to Hong Kong after taking an oath to leave China and Hong Kong. A lawyer said that because the content of the oath was based on the moment of the oath, he explained: "A person swore to leave China and Hong Kong today, knowing that his grandmother was seriously ill the next day and decided to stay in school, so it is impossible to break the oath. 」, ---------------. I can help you ask

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-----------------------------------------------------------------------------------------------------------------------------------------------, If a member makes a false or misleading statement to get back the MPF early, it will be illegal. Upon conviction, the maximum penalty is a fine of $1, and imprisonment for 12 months.

i think it 'll not be charged after back to hong kong unless you lie. But anyway, you should find MPFA for help in your case via email [email protected] or 291812

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