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The Immigration Department arrested 14 illegal workers and eight people suspected of employing them during a series of anti-illegal worker operations from January 11 to 13.
Immigration Task Force Officers raided 22 target locations in various districts, including restaurants, retail shops and public refuse collection points. The illegal workers comprise three men and 11 women aged 25 to 57. Among them, two were holders of recognisance forms, which prohibit employment. Moreover, six women and one man were suspected of using and in possession of suspected forged Hong Kong Identity cards. All the illegal workers were detained for questioning.
Additionally, five men and three women, whose ages ranged from 25 to 53, were suspected of employing 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, many illegal immigrants and 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 warned that it was an offence in law to use or possess a forged identity card. Offenders are liable to prosecution and a maximum penalty of a $100,000 fine and up to 10 years' imprisonment.
The spokesman also appealed to employers not to employ illegal workers, warning that it was 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 was a serious offence to employ someone who was not legally employable, and stating that the employer of an illegal worker should be given an immediate custodial sentence.
Ends/Friday, January 14, 2011
Issued at HKT 15:50
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