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A series of joint enforcement operations were mounted by the Immigration Department and other enforcement departments yesterday (December 19), in the Hong Kong Island East Region and the New Territories North Region to combat illegal employment activities, resulting in 25 arrests.
During the joint operation in the Hong Kong East Region, enforcement officers of the Immigration Department, the Police Force and the Labour Department raided 47 target workplaces located in North Point and Chai Wan districts, comprising restaurants, factories and premises under renovation or decoration resulting in the arrest of five illegal workers. The illegal workers included two men and three women aged 33 to 51. Among them, one woman was suspected of using and being in possession of a suspected forged Hong Kong Identity card.
Moreover, during the joint operation in the New Territories North Region, enforcement officers of the Immigration Department and the Police Force raided 103 target workplaces located in Sheung Shui, Tuen Mun, Yuen Long, Tin Shui Wai, Pat Heung, Ta Kwu Ling, Fanling and Tai Po districts, comprising premises under renovation or decoration, general warehouses, container plants, used electrical appliances recycle plants, auto spare parts recycle plants and electronic spare parts recycle plants, resulting in the arrest of 20 illegal workers. The illegal workers included 15 men and five women aged 21 to 62. Among them, seven were holders of recognizance forms, which prohibit employment.
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," 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/Tuesday, December 20, 2011
Issued at HKT 16:18
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