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A joint enforcement operation codenamed "Powerplayer" was mounted by the Immigration Department, the Police Force and the Labour Department yesterday (May 17) in the New Territories North Region to combat illegal employment activities, resulting in 14 arrests.
The operation began at 8.30am and ended at 5pm. During the operation in the Sheung Shui, Yuen Long, Pat Heung, Ta Kwu Ling, Fanling and Tin Shui Wai districts, enforcement officers raided 12 targeted workplaces comprising recycling centres and electronic-refuse and computer-recycling depots, and checked the identity documents of 86 people, resulting in the arrest of 13 illegal workers. The illegal workers included 12 men and one woman aged 21 to 57. Among them, six were holders of recognisance forms, which prohibit employment. One woman, aged 38, was also arrested on suspicion of having employed the illegal workers.
All the illegal workers were detained for questioning.
"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 or 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/Wednesday, May 18, 2011
Issued at HKT 17:41
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