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The Immigration Department arrested seven illegal workers and four people suspected of employing them during a territory-wide anti-illegal worker operation codenamed "Twilight" on August 1.
Immigration Task Force Officers raided 14 target locations in various districts including restaurants, public refuse collection points and residential units under renovation. The illegal workers comprised two men and five women aged 30 to 48. Among them, one man was a holder of a recognisance form, which prohibits employment. Moreover, one woman was suspected of using and being in possession of a suspected forged Hong Kong identity card and one woman was suspected of being in possession of a Hong Kong identity card issued for another person. In addition, four men with ages ranging from 34 to 63 were suspected of employing the illegal workers. After investigation, five illegal workers were charged with breach of conditions of stay, possession of an identity card relating to another person or using a forged Hong Kong identity card. They appeared at Sha Tin Magistrates' Courts today (August 3), were convicted of the above offences and were jailed from two months to 15 months and four weeks.
"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/Wednesday, August 3, 2011
Issued at HKT 18:20
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