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The Immigration Department yesterday arrested 11 illegal workers and five people suspected to have employed them during a series of anti-illegal worker joint operations codenamed "Powerplayer" and "Rainbow".
The joint enforcement operation "Powerplayer", mounted by the Immigration Department Task Force, the Police Force and the Labour Department, began at 7am yesterday and ended at 1.30am today (July 21). During the operation, enforcement officers raided 57 workplaces located in the Kowloon West Region comprising stalls, restaurants, an elderly home, retail shops, a factory, residential units under renovation, a bar and a beauty massage centre. The illegal workers comprised seven men and three women aged between 23 and 48. Among them, six were holders of recognisance forms, which prohibit employment. Moreover, one woman was suspected of using and being in possession of a forged Hong Kong identity card. Three men and one woman, whose ages ranged from 16 to 45, were suspected of employing the illegal workers. Among the arrestees, three were suspected of committing criminal offences. Their cases had been followed by the Police Force.
Furthermore, another joint enforcement operation, "Rainbow", mounted by the Immigration Department General Investigation Section and the Labour Department, began at 9.30am and ended at 5.05pm yesterday. During the operation, enforcement officers raided five target locations in Kwun Tong and San Po Kong districts including retailers, a fast food shop, vegetable stalls and a hair salon. In this operation, one female illegal worker aged 28 and one male employer aged 46 were arrested.
"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 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 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 up 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 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/Thursday, July 21, 2011
Issued at HKT 17:04
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