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A joint enforcement operation codenamed "Powerplayer" was mounted by the Immigration Department, the Police and the Labour Department on February 15 and 16 in Kowloon West Region to combat illegal employment activities, resulting in the arrest of nine illegal workers and five people suspected employing them.
During the operation, enforcement officers raided 144 targeted workplaces including restaurants, hair salons, temporary stalls and retail shops under renovation or decoration. After checking the identity documents of 188 people, nine illegal workers were arrested, comprising seven men and two women aged 25 to 42. Among them, eight were holders of recognisance forms, which prohibit employment. Two men and three women, aged 29 to 58, were suspected of employing them.
During another anti-illegal worker operation on February 16 conducted at a hair salon, Immigration Department Task Force officers arrested four illegal workers, comprising two men and two women aged 33 to 39.
All 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," an Immigration Department 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 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, such as lengthy jail term, ensures that illegal immigration will become less attractive.
The spokesman appealed to employers not to employ illegal workers, warning that it was 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/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 was a serious offence to employ someone who was not legally employable, and stating that the employer of an illegal worker should be given an immediate custodial sentence.
Ends/Friday, February 17, 2012
Issued at HKT 15:54
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