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The Immigration Department mounted a series of anti-illegal worker operations yesterday (March 9) and arrested 15 illegal workers and five people suspected of employing them.
During a territory-wide operation codenamed "Twilight", Immigration Task Force Officers raided 13 target locations in various districts, including restaurants, market stall, a retail shop and a residential unit under renovation. The illegal workers comprise one man and six women aged 24 to 69. Two women were suspected of using and being in possession of a forged Hong Kong identity card. Three men and two women, whose ages ranged from 23 to 62, were suspected of employing the illegal workers.
Meanwhile, a joint enforcement operation codenamed "Champion" was mounted by the Immigration Department and the Police in Sham Shui Po District, also to combat illegal employment activities. During the operation, law enforcement officers visited five target locations and checked the identity documents of 20 people, resulting in the arrest of eight illegal workers aged between 25 and 40. All those arrested were male and held recognisance forms, which prohibit employment.
"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 warned that it was an offence 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/Thursday, March 10, 2011
Issued at HKT 16:05
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