Following is a question by the Hon Shiu Ka-fai and a reply by the Secretary for Security, Mr Tang Ping-keung, in the Legislative Council today (Sep 10):

Question:

     As reported, the problem of illegal workers has emerged in many industries in Hong Kong, including illegal employment involving visitors holding an "endorsement for business visit" in Hong Kong, and enterprises' solicitation of business by offering a low price through channels such as cross-border e-‍commerce platforms and their subsequent arrangement for the provision of services in Hong Kong by holders of an "endorsement for individual visit" that allows multiple entries. The situation concerned has affected the livelihood of local workers and caused unfair competition to local enterprises. In this connection, will the Government inform this Council:

(1) whether it has compiled statistics on the monthly number of holders of an "endorsement for individual visit" with unusually frequent visits to Hong Kong (such as travelling to Hong Kong for four to five weekdays a week) since December last year; whether the authorities have taken the initiative to ascertain their purpose of visiting Hong Kong; of the number of visitors holding an "endorsement for business visit" who have been arrested for illegal employment in each month of the past two years, with a tabulated breakdown by type of employment;

(2) whether it will consider the introduction of new measures to combat illegal workers, such as implementing a reward system for reporting illegal workers, and enhancing publicity for the general public that if a service provider employs illegal workers, the customer may also have to bear criminal liability and offer compensation in case of accidents or incidents; and
 
(3) whether it will strengthen co-operation with the Mainland authorities in combating illegal workers, including eliminating information involving travelling to Hong Kong and providing services against the law from online platforms on the Mainland, removing non-compliant accounts, stepping up the penalty for offences involving illegal workers, and reminding Mainland residents of the criminal liability for engaging in illegal employment in Hong Kong, so as to prevent them from mistakenly believing in erroneous information?

Reply:

President,

     The Government is committed to combating illegal employment so as to protect job opportunities for the local workforce. It is a serious offence to engage in illegal employment. Illegal workers, employers, as well as aiders and abettors of illegal employment will be liable to prosecution in accordance with the Immigration Ordinance.

     According the record of the Immigration Department (ImmD), of the illegal workers arrested from 2023 up to August this year, around half of them were from Mainland, while the remaining included non-ethnic Chinese illegal immigrants or overstayers, and foreign domestic helpers, etc. During the said period, about two in a hundred thousand of all Mainland visitors entering Hong Kong with business visit endorsements were arrested for illegal employment while the relevant figure for Mainland visitors with multiple-entry individual visit endorsements was about one in a hundred thousand.

     In consultation with the ImmD, the Hong Kong Police Force (the Police) and the Labour Department (LD), the reply to the question raised by the Hon Shiu Ka-fai is as follows:

(1) Mainland travellers entering Hong Kong with business visit endorsements or multiple-entry individual visit endorsements are regarded as visitors in Hong Kong. In general, visitors shall not take up any employment, whether paid or unpaid, in Hong Kong.

     From 2023 to August this year, the monthly average number of persons entering Hong Kong with business visit endorsements who were arrested for illegal employment was 0.7. Since the resumption and expansion of multiple-entry individual visit endorsements for Shenzhen in December last year to August this year, the monthly average number of persons entering Hong Kong with such endorsements who were arrested for illegal employment was 4.1. These arrested persons were primarily engaged in work relating to the construction, catering and retail/wholesale sectors.

     The ImmD has all along been performing its gatekeeping role diligently. During immigration examination, the ImmD will conduct individual assessment on visitors with unusually frequent visits to Hong Kong in order to identify persons with doubtful purpose of visit. Depending on circumstances, the ImmD will refuse their entry or shorten their stay in Hong Kong. Where necessary, the ImmD will step up spot checks at control points targeting specific groups based on intelligence. The ImmD does not maintain other breakdown figures requested in the question.

(2) and (3) The Government has been adopting a multi-pronged strategy to combat illegal employment, including stepping up intelligence collection and strict law enforcement, increase in penalty, collaboration with Mainland authorities, as well as publicity and education.

(i) Stepping up intelligence collection and strict law enforcement

     Various law enforcement agencies have been proactively collecting intelligence and conducting joint operations to raid premises suspected of having illegal employment activities. Since the third quarter this year and up till now, the ImmD has carried out 3 500 enforcement actions for combating illegal employment, the monthly average increased by around 18 per cent over that of the second quarter. In August alone, the ImmD, in collaboration with relevant departments, mounted a series of territory-wide anti-illegal worker operations during which over 1 800 locations were inspected, and a total of 173 illegal workers and 67 employers were arrested. These operations were also widely publicised to achieve a deterrent effect.

     In addition, the ImmD conducts constant cyber patrols. It will take enforcement action by decoy operation against any person who is found using social media platforms, etc to arrange for illegal workers to work in Hong Kong. For example, the ImmD recently noticed through cyber patrols that some Mainland photographers and make-up artists were promoting on social media platforms that they could provide services in Hong Kong. After investigation, the ImmD conducted enforcement actions and arrested a total of 10 persons, including eight Mainland illegal workers.

     Meanwhile, during the enforcement actions against illegal hire car services taken by the Police since early this year, a total of eight illegal workers were arrested, and 11 persons alleged to have assisted illegal workers to engage in illegal employment in Hong Kong through online car hailing platforms were arrested for offences such as conspiracy to defraud.

     Besides, the labour inspectors of the LD will, under the power conferred by the Immigration Ordinance, continue to check the proof of identity of employees on site and records of employees kept by employers during regular workplace inspections. Suspected cases of illegal employment will be referred to law enforcement agencies for follow-up.

(ii) Increase in penalty

     The Government amended the Immigration Ordinance in 2021 by increasing the penalty on employing prohibited employees. The maximum penalty was significantly increased from the original fine of $350,000 and three years' imprisonment to a fine of $500,000 and ten years' imprisonment. The High Court has laid down sentencing guidelines that the employer of an illegal worker should be given an immediate custodial sentence. The ImmD will pay close attention to sentences imposed by the courts, and where necessary, seek legal advice in considering whether to apply for a sentence review based on the case.

(iii) Collaboration with Mainland authorities

     The Police and the ImmD have established a reciprocal notification mechanism with the relevant Mainland authorities, and have always maintained liaison and intelligence exchange with them.

     Under the existing notification mechanism, the ImmD will regularly pass information on Mainland residents who have been convicted of criminal offences in Hong Kong, including those engaging in illegal employment, to relevant Mainland authorities. Depending on the circumstances, the Mainland authorities will not issue exit endorsements to such persons for a period of two to five years in general, in order to prevent them from revisiting Hong Kong for illegal activities. In addition, if anyone is found to have allegedly arranged for illegal workers to work in Hong Kong using Mainland online platforms, the ImmD will exchange intelligence with the Mainland authorities and urge them to arrange with the relevant platforms for taking appropriate follow-up actions, such as taking down the posts involved.

(iv) Publicity and education

     The Government has been actively conducting publicity and education through various channels, including press conferences, social media, promotional leaflets, etc, to enable the public to understand the criminal liability for employing illegal workers. Besides, in case of accidents involving any illegal workers, the validity of the relevant insurance policy may be affected. The ImmD also proactively reminds members of the public that customers may also be held criminally liable if they knowingly employ illegal workers via any service providers to offer services for them.

     Meanwhile, the ImmD actively disseminates information on the effectiveness of the latest enforcement operations against illegal employment and the message of "Employing Illegal Workers is an Offence" through its official accounts of social media platforms frequently used by Hong Kong and Mainland residents such as Xiaohongshu, Weibo and Instagram. This can facilitate easier access to the relevant information by local residents and Mainland visitors.

     Illegal employment is an issue of public concern. Members of the public have been actively making such reports to the authorities. Currently, the ImmD provides dedicated reporting hotline and online reporting platform. The ImmD will explore more channels (such as WeChat and "iAM Smart" application) so as to further enhance the reporting mechanism for illegal workers, and will review the effectiveness from time to time.

     The Government will continue to adopt a wider range of measures to step up efforts in combating illegal workers with a view to protecting the local workforce.

Ends/Wednesday, September 10, 2025
Issued at HKT 12:56

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