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"An employment agent was sentenced to 3 months' imprisonment today at the Eastern Magistrates' Court for conspiring with an employer of a foreign domestic helper to defraud the Immigration Department by falsely representing that the employer would pay the statutory minimum wage to the helper," a spokesman for the Immigration Department said today (October 7).

The 35-year-old female defendant, Law Kit-ching, was the owner of the employment agency. She was charged with one count of conspiracy with Cheung Man Chun, the employer, to defraud the Immigration Department by dishonestly causing to be made, for the purpose of obtaining an employment visa for Felicidad D. Dimo, false representation that Cheung will pay the helper the monthly wage of $3,670.

Acting on information, the Outside Investigation Section of the Immigration Department conducted a raid on an employment agency in Yuen Long on November 5, 2002 as the employment agency was alleged to have been involved with malpractices in arranging foreign domestic helpers to work in Hong Kong.

During the operation, an overstayed Filipino domestic helper, Felicidad D. Dimo, was arrested. Dimo admitted that she had consented to be underpaid by the contractual employer when she entered into contract in 2000. Both the employer and the defendant were then arrested for further investigation.

Under caution, Cheung Man Chun admitted that he had accepted the arrangement made by the defendant to enter into contract with Dimo and pay her the monthly wage of $2,500 instead of the statutory minimum wage of $3,670. During the employment period from February 2001 to January 2002, Cheung had not paid Dimo the minimum monthly wages.

Dimo had earlier been convicted of one count of making false representation to an immigration officer and sentenced to four months' imprisonment. The employer Cheung was convicted of one count of conspiracy to defraud the Immigration Department by making false representation that he would pay the helper the statutory minimum wage. He was sentenced to four months' imprisonment and was ordered to pay $14,040 to compensate the helper.

In March this year, the defendant had also been sentenced to four months' imprisonment at the Kowloon City Magistrates' Court for aiding and abetting a Sri Lankan domestic helper to make false representation to immigration officers as to the date of termination of contract upon application for extension of stay in Hong Kong.

"Under the laws of Hong Kong, any person convicted of the offence of conspiracy to defraud shall be liable to imprisonment for 14 years. Moreover, it is an offence to make false representation to immigration officers. Offenders are liable to prosecution and upon conviction to a maximum fine of $150,000 and imprisonment for 14 years. Aiders and abettors are also liable to prosecution and penalty," the spokesman warned.

End/Tuesday, October 7, 2003

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