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Three illegal workers holding Immigration recognizance forms were jailed by Sha Tin Magistrates' Court today (December 24).
During an anti-illegal workers operation on December 21, a 50-year-old south Asian was found working in the kitchen of a restaurant in Sai Kung.
The illegal worker entered Hong Kong from the Mainland in April and was employed as an odd job worker at the restaurant. He pleaded guilty to one count of taking employment while being a person who remains in Hong Kong without the authority of the Director of Immigration after having landed in Hong Kong unlawfully. He was jailed for 14 months.
Another two south Asians, aged 37 and 34, were also working in the restaurant during the same operation. A records check revealed that they came to Hong Kong on strength of their passports as visitors - one until 2005 and the other until 2007. They were arrested by police and subsequently released on recognizance. They were each charged with one count of breach of condition of stay and were jailed for five months.
"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 from taking any employment, whether paid or unpaid, or from establishing or joining in any business. Offenders are liable to a fine of $50,000 and to imprisonment for three years," an Immigration spokesman said.
The Immigration spokesman also warned, "Visitors are not allowed to take up employment in Hong Kong, whether paid or unpaid, without the permission of the Director of Immigration. Offenders are liable to prosecution and upon conviction to a maximum fine of $50,000 and to imprisonment for two years."
The spokesman 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. 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.
Ends/Thursday, December 24, 2009
Issued at HKT 18:21
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