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An illegal worker holding an Immigration recognisance form was jailed for 15 months by Sha Tin Magistrates' Court yesterday (December 15) under the Immigration (Amendment) Ordinance 2009 which came into effect on November 14. Holders of Immigration recognisance forms are not allowed to take up employment.
During an anti-illegal workers operation on November 18, the 32-year-old South Asian was found moving some bricks in a flat under renovation at Sham Shui Po.
The illegal worker sneaked into Hong Kong in February 2009 and was employed as an odd job worker at the flat. He pleaded guilty to one count of having taken employment as odd job worker while being a person having landed in Hong Kong unlawfully, remains in Hong Kong without the authority of the Director of Immigration.
"The Immigration Department will continue to strengthen law enforcement to combat unlawful employment now that the amended ordinance is in effect. It is an offence for illegal immigrants or people who are the subject of a removal order or a deportation order to take up employment, whether paid or unpaid, or to establish or join in any business. Offenders are liable to a fine of $50,000 and to imprisonment for three years," an Immigration spokesman said.
The spokesman also appealed to employers not to employ illegal workers, warning that it was an offence to employ people who were not lawfully employable. The maximum penalty is a fine of $350,000 and imprisonment for three years. To deter 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.
Ends/Wednesday, December 16, 2009
Issued at HKT 17:42
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