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" A contractor was sentenced to six months' imprisonment at the Kowloon City Magistrates' Courts for employing two Mainland visitors to perform decoration work in a building," a spokesman for the Immigration Department said today (May 13).

The 65-year-old male defendant, CHAN Wai-ching, pleaded guilty to two counts of being the employer of a person not lawfully employable. He was sentenced to four months' imprisonment for each charge, sentences to run concurrently. In another case last year, the defendant was sentenced to four months' imprisonment suspended for two years for aiding and abetting a Mainlander to take up illegal employment. Now the previous suspended imprisonment sentence was activated, two months to run consecutively to the present term, making a total of six months' imprisonment.

In March this year, Immigration Department took over a case of breach of condition of stay from the Police. Two Mainlanders were found performing decoration work of a building in Western District. As they were found to be visitors holding Two-way Permits, they were arrested by the Police and handed over to Immigration Department for further investigation. The defendant was also intercepted at the scene. Under caution, he admitted to have employed the two Mainlanders.

The two Mainlanders pleaded guilty last month to their respective charge of breach of condition of stay and were each sentenced to two months' imprisonment suspended for two years and a fine of $500.

The spokesman warned, "it is an offence to employ persons who are not lawfully employable. The maximum penalty is a fine of $350,000 and imprisonment for 3 years."

"Visitors are not allowed to take up employment in Hong Kong, whether paid or unpaid, without the prior permission of the Director of Immigration. Offenders are liable to prosecution and upon conviction to a maximum fine of $50,000 and to imprisonment for 2 years," added the spokesman.

End/Tuesday, May 13, 2003

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