***************************************
The Immigration Department yesterday (September 14) arrested eight illegal workers and five people suspected of employing them during a territory-wide anti-illegal worker operation codenamed "Twilight".
Operation Twilight began at 8am and ended at 6pm yesterday. Immigration Task Force officers raided 26 target locations in various districts including an elderly home, market stalls, premises under renovation or decoration, retail shops, refuse collection points and restaurants. Eight illegal workers (including two illegal immigrants) and five employers were arrested. The illegal workers comprise two men and six women, aged between 32 and 46. One man and three women were found to have been using and in possession of suspected forged Hong Kong identity cards. Three men and two women, whose ages ranged from 20 to 64, were suspected of employing the illegal workers.
"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 was an offence in law to use or possess a forged identity card. Offenders are liable to prosecution and a maximum penalty of a $100,000 fine and imprisonment for 10 years.
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/Thursday, September 15, 2011
Issued at HKT 17:27
NNNN
