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Legislation designed to combat illegal immigrants' taking employment will come into operation tomorrow (November 14).
A government spokesman said the Immigration (Amendment) Ordinance 2009 was gazetted today (November 13) and a notice would be published in a Gazette Extraordinary tomorrow (November 14), announcing the commencement of the ordinance the same date.
The spokesman said illegal immigrants taking employment would be liable to a fine of $50,000 and imprisonment for three years.
"The problem of illegal immigrants has deteriorated in recent months and there has been a surge this year in the number of foreign illegal immigrants. The monthly average has risen from 37 for January and February to 135 for March to September and 159 in October. We expect the commencement of the Immigration (Amendment) Ordinance 2009 will prevent the problem from worsening."
He said law enforcement agencies would further strengthen boundary control in collaboration with relevant Mainland authorities, and vigorously combat the taking of employment by illegal immigrants after the ordinance came into effect.
"We hope to send a clear message to those who intend to enter Hong Kong illegally that their working in Hong Kong is a serious offence. Regardless of whether they have been released on recognizance, those who undertake illegal employment are subject to criminal sanction."
He said illegal immigrants taking unlawful employment had been prosecuted before under the offence of "unlawful remaining". The court ruled in March that recognizance granted to illegal immigrants represented an authority from the Director of Immigration for them to remain in Hong Kong, hence amounting to a defence against the original charge of "unlawful remaining".
In addition, when the ordinance comes into operation, the definition of "valid travel document" will also cover Macau permanent identity cards.
"The effective date and other details in implementing the immigration facilitation measures between Hong Kong and Macau will be announced soon. The tentative plan is that, as from early December, permanent residents of Hong Kong and Macau will not be required to fill in immigration forms and that they can enrol for the use of 'e-Channel'," the spokesman said.
Ends/Friday, November 13, 2009
Issued at HKT 18:16
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