A cleaning service company licensee was convicted of charges of being an employer of a person who was not lawfully employable and was jailed for six months by the Shatin Magistrates' Courts last Thursday (October 23).

     During an anti-illegal workers operation conducted by the Immigration Department (ImmD) on March 29, 2023, two Vietnamese females, aged 43 and 50, were arrested for working as cleaning workers in a residential estate at Kwun Tong. Among them, one Vietnamese woman was a holder of a recognisance form, which prohibits her from taking any employment and another Vietnamese woman was an illegal immigrant. The illegal workers were jailed by the Shatin Magistrates' Courts earlier and were sentenced to imprisonment for 15 months and 16 months respectively.

     A further investigation revealed that the illegal workers were employed by the same cleaning service company, and thus the licensee of the cleaning service company was arrested. The licensee is a Hong Kong permanent resident, male, aged 49. He is charged with two counts of "employing a person who is not lawfully employable" as he did not take all practicable steps to ascertain whether the applicant was lawfully employable prior to employment. After the trial, the licensee was sentenced to four months of imprisonment on both charges, with part of the sentences to run consecutively, resulting in a total of six months' imprisonment by the Shatin Magistrates' Courts last Thursday (October 23).

     The spokesman 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/Monday, October 27, 2025
Issued at HKT 19:05

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