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Territory-wide enforcement operations codenamed "Twilight" and "Windsand" were mounted by the Immigration Department and the Police Force yesterday (April 18) to combat illegal employment activities. A total of 17 illegal workers and two suspected employers were arrested.
During operation "Twilight", immigration officers raided six target locations including a restaurant, food stall, wet market stalls, a retail shop and a flat under renovation, arresting six illegal workers. The six illegal workers comprised two men and four women aged between 25 and 45. Among them, three were holders of recognisance forms, which prohibit employment. Two women, whose ages ranged from 29 to 38, were suspected of employing the illegal workers.
During operation "Windsand", which was a joint operation between the Immigration Department and the Police Force, 11 Mainland visitors comprising four men and seven women aged between 31 and 66 were arrested for breaching their conditions of stay by being involved in suspected parallel goods trading at Ka Fu Close and Choi Yuen Road in Sheung Shui. The goods involved milk powder, health care products, diapers, cosmetics and foods during the operation.
Since September 2012, a number of "Windsand" operations have been conducted, during which a total of 705 Mainlanders and 10 Hong Kong residents were arrested for suspected involvement in parallel goods trading. Of these, 101 Mainlanders were prosecuted for breach of conditions of stay, while the remaining 604 people were repatriated. Among those prosecuted, 93 out of 101 were sentenced to imprisonment for four weeks to two months. Charges were withdrawn for another eight people.
"Visitors are not allowed to take 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 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/Friday, April 19, 2013
Issued at HKT 18:37
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