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Following is a question by the Hon Cheng Kai-nam and a written reply by the Secretary for Security, Mrs Regina Ip, in the Legislative Council today (May 3):
Question:
It has been reported that the Immigration Department does not take back the Hong Kong identity cards issued to imported workers when they leave Hong Kong upon the expiry of their employment contracts. In this connection, will the Government inform this Council:
(a) of the reasons for not taking back such identity cards; and
(b) whether there have been cases in which persons were found to have gained employment in Hong Kong by illegally using such identity cards; if so, of the number of such cases over the past year and the measures in place to curb these cases?
Reply:
Madam President,
(a) Under the existing legislation relating to identity cards, there is no provision to require imported workers to surrender their Hong Kong identity cards when their employment contracts expire. However, effective measures are in place to prevent the illegal use of such identity cards.
An identity card issued to an imported worker bears a W-prefix which signifies his immigration status, i.e. his permission to stay is dependent on his possession of a valid employment visa. His employment visa will remain valid only for so long as he is in lawful employment. A W-prefix identity card serves as a proof of identity of an imported worker, but it alone does not grant him permission to stay or to take up employment in Hong Kong.
When the employment contract of an imported worker expires, his employment visa will terminate, and the Immigration Department will update his computer records accordingly. As and when our law enforcement officers come across a person holding a W-prefix identity card, e.g. during a routine identity card inspection, they will verify the status of that person against the relevant computer records. Holders of W-prefix identity cards whose employment contracts have already expired will be detected immediately.
(b) The Immigration Department arrested 4 314 illegal workers in 1999. Separate statistics on those arrested who had obtained employment through illegal use of W-prefix cards are not available, but anti-illegal workers operations by Immigration Department have revealed that such cases are rare. A sampling check on 50 out of the abovementioned 4 314 cases shows that none of them is involved in the unauthorised use of a W-prefix identity card.
The strengthening of the Immigration Ordinance (Cap. 115) in October 1996 to require employers to check travel documents has helped to curb misuse of W-prefix identity cards. Section 17J of the Immigration Ordinance now requires employers to inspect the travel documents of non-permanent Hong Kong residents before offering them employment. Employers are allowed to recruit only those persons whose conditions of stay permit employment in Hong Kong. In other words, a non-permanent Hong Kong resident cannot lawfully obtain employment in Hong Kong by merely producing a W-prefix identity card. He is required to produce his travel document based on which his prospective employer will be able to verify whether he is lawfully employable.
Ends/Wednesday, May 3, 2000
Issued at HKT 15:13
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