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Two illegal workers jailed
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     Two illegal workers holding Immigration recognisance forms were jailed for about 14 months by Fanling Magistrates' Courts today (May 6) under the Immigration (Amendment) Ordinance 2009 that came into effect on November 14, 2009. Holders of Immigration recognisance forms are not allowed to take up employment.

     During a joint anti-illegal workers operation by the Immigration Department and the Police on March 9, a 29-year-old South Asian was found to be selling second-hand electrical appliances to customers in Sham Shui Po. The illegal worker entered Hong Kong unlawfully in April 2007 and remained without the authority of the Director of Immigration. In March 2008, he was arrested for remaining in Hong Kong illegally and subsequently released on recognisance.  
  
     Another South Asian, aged 25, was found conveying the appliances at the aforesaid location during the same operation. Records revealed that he entered Hong Kong unlawfully in December 2007 and remained without the authority of the Director of Immigration. He was arrested in July 2008 for remaining in Hong Kong illegally and subsequently released on recognisance.   

     The illegal workers each pleaded guilty to one count of taking employment while being a person who remained in Hong Kong without the authority of the Director of Immigration after having landed in Hong Kong unlawfully. They were jailed for 14 months and 14 months two weeks 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 up 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 spokesman also 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, May 6, 2011
Issued at HKT 19:04

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