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41 immigration offenders arrested
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     The Immigration Department has arrested 27 illegal workers and 14 people suspected to have employed them during a series of territory-wide anti-illegal worker operations since May 14, 2012.

     During the operations, Immigration Department Task Force officers raided 121 target locations in various districts, including recycling depots, restaurants, premises under renovation, retail stores, foot reflexology centres and refuse collection points. Among the operations mounted in Tsim Sha Tsui, Tai Kok Tsui, Sham Shui Po, Wan Chai, Causeway Bay and Yuen Long districts, 27 illegal workers and 14 employers were arrested. The illegal workers comprised 15 men and 12 women aged between 25 and 51. Among them, eight were holders of recognisance forms, issued by the Immigration Department, which prohibit employment. Eight men and six women, whose ages ranged from 22 to 52, were suspected of employing the illegal workers.

     The operation is continuing.

     "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 also 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/Monday, May 21, 2012
Issued at HKT 19:15

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