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Following is the speech (English translation) by the Secretary for Security, Mr Ambrose S K Lee, in moving the Second Reading of the Immigration (Amendment) Bill 2009 in the Legislative Council today (June 24):
President,
I move the Second Reading of the Immigration (Amendment) Bill 2009.
The Bill is to implement immigration convenience measures for Macao residents visiting Hong Kong, and to combat unlawful employment by specifying the taking of employment by illegal immigrants as an offence.
Immigration Convenience Measures for Macao
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The Hong Kong and Macao SAR Governments have agreed on a number of immigration convenience measures. One of the measures is for Macao permanent residents to enter Hong Kong solely on the strength of their Macao permanent identity cards, without the need to produce a declaration form for entry into Hong Kong. Meanwhile, Hong Kong permanent residents may visit Macao solely on the strength of Hong Kong permanent identity cards, without having to furnish an arrival form. We intend to implement the relevant measures by end of 2009, with a view to promoting exchanges between Hong Kong and Macao.
A Macao permanent identity card does not fall under the existing definition of a "valid travel document" under the Immigration Ordinance. We recommend amending the definition, such that it would cover documents such as Macao permanent identity cards.
Furthermore, since we cannot endorse conditions of stay on the surface of card-type documents such as Macao permanent identity cards, such conditions will be printed on a slip. We propose amending the provision under section 17G of the Immigration Ordinance regarding the definition of a lawfully employable person, modifying the requirement that conditions of stay be "endorsed" on a valid travel document. Likewise, we cannot endorse a visa on a card-type document. We also propose to make technical amendments to the provisions relating to visa endorsement under the Immigration Ordinance.
The above amendments relating to "valid travel documents" will also facilitate the implementation of similar convenience measures for visitors from places other than Macao in the future.
Combating unlawful employment
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Another objective of the Bill is to strengthen the combating of unlawful employment. There is currently no specific offence in the laws of Hong Kong against the taking of employment, or establishing or joining in business by illegal immigrants. The authorities used to prosecute illegal immigrants working illegally for the offence of "unlawful remaining".
In the ruling of a judicial review case this March, the Court of First Instance of the High Court held that recognizance granted to illegal immigrants represented an authority from the Director of Immigration for them to remain in Hong Kong. Hence they would have a defence against the charge of unlawful remaining. Following the judgment, there was an upsurge of foreign illegal immigrants: from the monthly average of 37 in January and February this year, to 136 in March to May, increased by more than 260%. Many of the illegal immigrants come to Hong Kong to take unlawful employment and make money during their stay. Some of them may lodge torture claims in order to prolong the period they remain in Hong Kong. The monthly average number of torture claimants rose from 196 from January to February this year, to 274 from March to May, representing an increase by nearly 40%.
To maintain effective immigration control and protect the local workforce, we see an urgent need to specify a new offence of taking employment, or establishing or joining in business by illegal immigrants. The proposed penalty is a fine at level five (i.e. HK$50,000) and imprisonment for three years.
We also propose that the offence should cover persons subject to removal or deportation, since a removal or deportation order would invalidate the conditions of stay of the person concerned (including one barring him from taking employment).
Conclusion
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We consulted the Panel on Security of the Legislative Council on the proposed legislative amendments mentioned above on June 2, 2009. There was general support from Members for the proposals relating to implementing the immigration convenience measures for Macao. On the proposals on combating unlawful employment, some Members opined that as many illegal immigrants taking unlawful employment were torture claimants, the Administration should put forth its overall consideration on the handling of torture claims as soon as practicable. I would like to point out that we will brief the Panel on Security on measures relating to the screening of torture claims on July 6. Nevertheless, we should amend the legislation as early as possible to deal with the pressing problem of taking unlawful employment by illegal immigrants.
We will work closely with Legislative Council Members and endeavour to complete the scrutiny of the Bill within this year. This will enable us to implement the immigration convenience measures as agreed with the Macao authorities by end of 2009, and to create the new offence to prevent the taking of unlawful employment by illegal immigrants as soon as possible, thus preventing the situation from deteriorating.
I urge Members to support the Bill. Thank you, President.
Ends/Wednesday, June 24, 2009
Issued at HKT 18:02
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