Grocery shop owner jailed for employing illegal worker
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During a joint operation against illegal workers conducted by the Immigration Department (ImmD) and the Labour Department codenamed "Rainbow" on March 13, 2024, officers of the ImmD General Investigation Section raided a grocery shop and arrested one female Indonesian illegal worker, aged 51, who was found working as a shop assistant. The female was a holder of a recognisance form, which prohibits her from taking employment. She was subsequently sentenced to 15 months' imprisonment at the Shatin Magistrates' Courts.
During the operation, the grocery shop owner was arrested for employing illegal worker. The grocery shop owner is a Hong Kong resident, male, aged 57. He is charged of being an employer of a person who was not lawfully employable as he did not take all practicable steps to ascertain whether the applicant was lawfully employable prior to employment. After trial, the grocery shop owner was jailed for two months by the Shatin Magistrates' Courts today.
The spokesman of ImmD reiterated that it is a serious offence to employ people who are not lawfully employable. Under the Immigration Ordinance, the maximum penalty for an employer employing a person who is not lawfully employable, i.e. an illegal immigrant, a person who is the subject of a removal order or a deportation order, an overstayer or a person who was refused permission to land, has been significantly increased from a fine of $350,000 and three years' imprisonment to a fine of $500,000 and 10 years' imprisonment to reflect the gravity of such offences. The director, manager, secretary, partner, etc, of the company concerned may also bear criminal liability. The High Court has laid down sentencing guidelines that the employer of an illegal worker should be given an immediate custodial sentence.
According to the court sentencing, employers must take all practicable steps to determine whether a person is lawfully employable prior to employment. Apart from inspecting a prospective employee's identity card, the employer has the explicit duty to make enquiries regarding the person and ensure that the answers would not cast any reasonable doubt concerning the lawful employability of the person. The court will not accept failure to do so as a defence in proceedings. It is also an offence if an employer fails to inspect the job seeker's valid travel document if the job seeker does not have a Hong Kong permanent identity card. Offenders are liable upon conviction to a maximum fine of $150,000 and to imprisonment for one year. In that connection, the spokesman would like to remind all employers not to defy the law by employing illegal workers. The ImmD will continue to take resolute enforcement action to combat such offences.
For reporting illegal employment activities, please call the dedicated hotline 3861 5000, by fax at 2824 1166, email to anti_crime@immd.gov.hk, or submit "Online Reporting of Immigration Offences" form at www.immd.gov.hk.
Ends/Friday, October 17, 2025
Issued at HKT 19:50
Issued at HKT 19:50
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