**********************************************************
"The Immigration (Amendment) Ordinance 2009 will take effect tomorrow (November 14). It prohibits illegal immigrants or people who are the subject of a removal order or a deportation order from taking any employment, whether paid or unpaid, or from establishing or joining in any business," an Immigration Department spokesman said today (November 13).
"The Government has always been committed to combating unlawful employment and protecting the local workforce. After the amendment of the Immigration Ordinance, the Immigration Department can deal more effectively with the problem of illegal immigrants taking unlawful employment. Illegal immigrants commit an offence if they take unlawful employment, even if they have been granted recognisance. A person committing the offence is liable to a fine of $50,000 and to imprisonment for three years," the spokesman said.
The Immigration Department will continue to strengthen law enforcement to combat unlawful employment after the amended ordinance takes effect, to serve as a deterrent effect on those who intend to seek illegal entry into Hong Kong to take unlawful employment. The spokesman also appealed to the employers not to employ illegal workers and warned that it was an offence to employ people who were not lawfully employable. The maximum penalty is a $350,000 fine and three years' imprisonment.
As a deterrent measure against unlawful employment, the High Court laid down a sentencing guideline in 2004 reaffirming that it was a serious offence to employ someone who was not lawfully/legally employable, and the employer of an illegal worker should be given an immediate custodial sentence.
"The established policy has been that illegal immigrants found working illegally in Hong Kong will be prosecuted for the offence of unlawful remaining. However, in the ruling of a judicial review case in March, the Court of First Instance of the High Court held that recognisance 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," the spokesman said.
"Following the judgement, despite law enforcement agencies strengthening boundary control in collaboration with the Mainland counterparts, there has been a drastic upsurge of foreign illegal immigrants. We anticipate the Immigration (Amendment) Ordinance 2009 can prevent the situation from worsening," the spokesman said.
Ends/Friday, November 13, 2009
Issued at HKT 19:41
NNNN
