**************************************
A territory-wide enforcement operation codenamed "Twilight" and a joint operation codenamed "Windsand" were mounted by the Immigration Department and the Hong Kong Police Force yesterday (December 9) to combat illegal employment activities. A total of 12 illegal workers and three suspected employers were arrested.
During operation "Twilight", officers of the Immigration Task Force raided six target locations including restaurants and a warehouse. Five illegal workers comprising one man and four women aged 29 to 53 were arrested. Among them, one man and one woman were holders of recognisance forms, which prohibit them from taking any employment. The woman was also suspected of using and being in possession of a forged Hong Kong identity card. One man aged 46 was suspected of employing the illegal workers.
During operation "Windsand", seven Mainland visitors comprising five men and two women aged 27 to 59 were arrested for breaching their conditions of stay by being involved in suspected parallel goods trading at San Wan Road and Shek Wu Hui Jockey Club Playground in Sheung Shui. Two men aged 49 and 54 respectively were suspected of employing the illegal workers. The goods included milk powder, food, red wine and electronic products.
Since September 2012, a number of "Windsand" operations have been conducted, during which a total of 2 607 Mainlanders and 17 Hong Kong residents were arrested for suspected involvement in parallel goods trading. Of these, 224 Mainlanders were prosecuted for breach of conditions of stay and two are under investigation, while the remaining 2 381 people were repatriated. Among those prosecuted, 213 were sentenced to imprisonment of between four weeks and three months and one is pending court hearing, while charges were withdrawn for the other 10 people.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 warned that it is 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/Thursday, December 10, 2015
Issued at HKT 12:27
NNNN
