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A joint enforcement operation codenamed "Powerplayer" was mounted by the Immigration Department, Police Force and Labour Department yesterday (November 10) in the New Territories North Region, to combat illegal employment activities, resulting in 23 arrests.
The operation, which began at 7.15am and ended at 6pm yesterday, resulted in the arrest of 21 illegal workers and two employers. During the operation, enforcement officers raided 30 workplaces in Sheung Shui, Yuen Long, Pat Heung, Ta Kwu Ling, Fanling and Tin Shui Wai districts, comprising electronic refuse depots, computer recycling depots, renovation units and vehicle-dismantling depots, and checked the identity documents of 86 people. The illegal workers included 19 men and two women aged from 21 to 54. Among them, 12 were holders of recognisance forms, which prohibit employment.
Two men, whose aged 30 and 33, were suspected to have employed the illegal workers.
"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 face a maximum fine of $50,000 and up to two years' imprisonment," an Immigration Department spokesman said.
The spokesman warned that 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 or to establish or join in any business. Offenders are liable to a maximum fine of $50,000 and up to three years' imprisonment. The Court of Appeal has issued a guideline ruling that a sentence of 15 months' imprisonment should be applied in such cases.
The Court also revealed that from 2006 to 2009, illegal immigrants and many overstayers lodged torture claims only after they had been arrested for taking up employment, raising suspicion over the veracity of their claims. A deterrent sentence ensures that illegal immigration will become less attractive with the risk of a long jail term.
The spokesman also appealed to employers not to employ illegal workers, warning that it is an offence to employ people who are not lawfully employable. The maximum penalty is a fine of $350,000 and imprisonment for three years. It is also an offence if an employer fails to inspect the job seeker's identity card or, if the job seeker does not have a Hong Kong permanent identity card, his/her valid travel document. The maximum penalty for failing to do so is a fine of $150,000 and imprisonment for one year. To deter unlawful employment, the High Court laid down sentencing guidelines in 2004 reaffirming that it is a serious offence to employ someone who is not legally employable, and stating that the employer of an illegal worker should be given an immediate custodial sentence.
Ends/Thursday, November 11, 2010
Issued at HKT 15:40
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