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26 arrested in anti-illegal worker operations
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     The Immigration Department arrested 23 illegal workers and three people suspected of employing them during a series of anti-illegal worker operations involving the Police Force and the Labour Department on June 14 and 15.

     A joint enforcement operation codenamed "Champion" was mounted by the Immigration Department and the Police Force in Yuen Long District to combat illegal employment activities. The operation began at 8am and ended at 4pm on June 14. During the operation, law enforcement officers visited 17 target locations including premises under renovation, pig-feeding yards, restaurants, retail shops and discarded electronic appliance depots, resulting in the arrest of nine illegal workers. The illegal workers comprised eight men and one woman aged between 25 and 53. Five were holders of recognisance forms, which prohibit employment.

     Another territory-wide joint enforcement operation was mounted by the Immigration Department, the Police Force and the Labour Department, also to combat illegal employment activities. The operation began at 10.30am yesterday and ended at 1am today. During the operation, law enforcement officers visited 292 target locations and checked the proof of identity of 154 people, resulting in the arrest of 10 illegal workers, three people suspected of employing them and four overstayers. The illegal workers and overstayers comprised six men and eight women aged between 26 and 37. One man and two women, whose ages ranged from 35 to 47, were suspected of employing 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 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, June 16, 2011
Issued at HKT 18:38

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