**********************************************************
A series of territory-wide joint enforcement operations were mounted by the Immigration Department, the Police Force and the Labour Department on October 24 and 25 to combat illegal employment activities, 33 illegal workers and 6 people suspected employing them were arrested.
During a joint operation in North Point, Chai Wan and Mong Kok districts on October 24, enforcement officers raided 55 target workplaces comprising restaurants, a hair salon, a food processing store, factories and a temporary stall. Five illegal workers were arrested, including three men and two women aged 24 to 38. Among them, one held a recognisance form, which prohibits employment. One woman was suspected of using and being in possession of a forged Hong Kong Identity card. During another anti-illegal worker operation in Wan Chai district on the same day, Immigration Task Force Officers raided an exhibition stall under renovation and decoration, resulting in the arrest of two male illegal workers aged 19 and 47 respectively. Another man, aged 50, was arrested on suspicion of employing the illegal workers.
During a further joint operation in Sheung Shui, Tuen Mun, Yuen Long, Pat Heung, Ta Kwu Ling, Fanling and Tin Shui Wai districts mounted on October 25, enforcement officers raided 36 target workplaces comprising general warehouses, container plants, used electrical appliances recycle plants, auto spare parts recycle plants and electronic spare parts recycle depot, resulting in the arrest of 20 illegal workers, including 18 men and two women aged 19 to 48. Six were holders of recognisance forms, which prohibit employment. Three men, with ages ranging from 25 to 47, 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," the 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 warned that it was 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 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, October 26, 2011
Issued at HKT 17:23
NNNN