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During a joint enforcement operation codenamed "Powerplayer" mounted by the Immigration Department, Police Force and Labour Department in the New Territories North Region yesterday (April 23), 22 illegal workers and two people suspected of employing them were arrested.
The operation began at 7am and ended at 5.15pm yesterday. During the operation, enforcement officers raided 16 workplaces in Sheung Shui, Yuen Long, Pat Heung, Tuen Mun and Tin Shui Wai Districts, including depots for electronic waste, computer recycling, auto dismantling and garment recycling, and checked the proof of identity of 42 people. Twenty-two illegal workers and two employers were arrested. All of the illegal workers were men aged from 16 to 44. Among them, 19 were holders of recognisance forms, which prohibit employment. Two men aged 28 and 31 were suspected of employing the illegal workers.
During another anti-illegal worker operation conducted on the same day in Causeway Bay, Immigration Department Task Force officers arrested two illegal workers and one employer. All were men aged from 22 to 38. The illegal workers were holders of recognisance forms, which prohibit employment.
All the illegal workers were detained for further enquiries.
"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 a lengthy jail term, ensures that illegal immigration will be less attractive.
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, April 24, 2012
Issued at HKT 18:31
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