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Three illegal workers holding Immigration recognisance forms were jailed by Sha Tin Magistrates' Court today (January 7).
During an anti-illegal workers operation on December 14, 2009, a 30-year-old South Asian was found working in a car care centre in Tuen Mun.
The illegal worker entered Hong Kong unlawfully in November 2006 and remained without the authority of the Director of Immigration. In April 2007, he was arrested for remaining in Hong Kong illegally and subsequently released on recognisance. He was then employed as an odd job worker, cleaning vehicles, in the car care centre. 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 13 months.
Another two south Asians, aged 21 and 22, were also found working in the car care centre during the same operation. Record checks revealed that they entered Hong Kong on the strength of their passports in July and October 2009 as visitors for 14 days. They were arrested by police for overstaying and subsequently released on recognisance. They were each charged with one count of breach of condition of stay and were jailed for two and three months respectively.
"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 any 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 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. 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 legally employable, and the employer of an illegal worker should be given an immediate custodial sentence.
Ends/Thursday, January 7, 2010
Issued at HKT 18:29
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