****************************
Three illegal workers holding Immigration recognisance forms, which prohibit them from taking employment, were jailed by Sha Tin Magistrates' Court yesterday (February 4).
During an anti-illegal workers operation on February 2, 2010, a 22-year-old South Asian was found working in a premises under renovation in Mongkok.
Investigations revealed that the illegal worker entered Hong Kong unlawfully in September 2006 and remained without the authority of the Director of Immigration. In March 2008, he was arrested for remaining in Hong Kong illegally and possession of dangerous drugs, for which he was sentenced to 11 months and one week in prison. In March 2009, he was again imprisoned for 10 months for burglary and released on recognisance after discharge. He was then employed as an odd job worker, removing debris from the renovation premises at a daily wage of HK$100. He pleaded guilty to one count of taking employment while being a person in respect of whom a removal order is in force. The court took into account his guilty plea and that he had previously served prison terms for remaining in Hong Kong illegally. He was jailed for three months.
Another two south Asians, aged 27 and 34, were found working in a supermarket in Jordan during the same operation. They entered Hong Kong unlawfully in May 2009 and May 2007 respectively and remained without the authority of the Director of Immigration. They were arrested by police for remaining in Hong Kong illegally and subsequently released on recognisance in June 2009 and November 2007. They both 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. They were each jailed for 14 months.
"The Immigration Department will continue to strengthen law enforcement to combat unlawful employment now that the Immigration (Amendment) Ordinance 2009 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 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/Friday, February 5, 2010
Issued at HKT 16:57
NNNN
