Hong Kong resident jailed for conspiracy to use identity card relating to another person and money laundering

Hong kong resident sentenced for identity theft and money laundering scheme

One Hong Kong resident (defendant) was sentenced to 36 months' imprisonment upon conviction for eight charges including dealing with property known or believed to represent proceeds of an indictable offence (money laundering), conspiracy to deal with property known or believed to represent proceeds of an indictable offence, conspiracy to use identity card relating to another person, conspiracy to defraud, transferring an identity card to another person and making false representation to Immigration Officers at the Shatin Magistrates' Courts yesterday (April 29).

The Immigration Department (ImmD) launched an anti-illegal worker operation last year and arrested a number of overstaying foreign domestic helpers (FDHs) working as cleaners in the same restaurant. It was later discovered that the arrested FDHs had all used others' identity cards during job seeking. The rightful holders of the identity cards concerned were investigated. In the course of investigation, one of the identity card holders, the defendant, admitted to have knowingly transferred her identity card to an overstaying FDH to impersonate her during job seeking. The defendant had also transferred her bank account to the FDH for receiving salary with the account and applying for a loan at a finance company. Also, the defendant defraud Immigration officers in the dependant visa application of her foreign spouse, requesting the FDH to provide her with the income proof the FDH obtained by illegal work for her to submit as her own income proof in the application.

The defendant then adopted the same method and assisted her spouse to take up illegal work and receive salary using other's identity card and bank account. The defendant's foreign spouse was a recognisance form holder and he was not permitted to take up any employment in Hong Kong.

The FDH and the defendant's foreign spouse pleaded guilty to offences related to the use of others' identity cards and were sentenced to 15 months' imprisonment respectively earlier.

"Under the laws of Hong Kong, any person who without lawful authority or reasonable excuse transfers to another person an identity card commits an offence. It is also an offence to use or have in his custody or possession an identity card which relates to another person. Offenders are liable upon conviction to the maximum penalty of a fine of $100,000 and imprisonment for 10 years," an ImmD spokesman said.

"Under the laws of Hong Kong, it is an offence to make a false representation to Immigration Officers. Offenders are liable to prosecution and upon conviction, the maximum penalty of a fine of $150,000 and imprisonment for 14 years," the spokesman warned.

The spokesman continued that conspiracy to defraud is a serious offence. Under the Crimes Ordinance, offenders are liable to prosecution and upon conviction, the maximum penalty is imprisonment for 14 years.

Creating flexible work solutions in the aftermath of severe weather events

The Labour Department (LD) today (May 21) reminded employers to make practical and reasonable work arrangements for employees after the cancellation of tropical cyclone warnings or rainstorm warnings, with due consideration to the road and traffic conditions and other factors, and make flexible arrangements for staff to resume work or work remotely (if applicable). This will help maintain good labour-management relations, and ensure the safety of employees as well as the smooth operation of organisations.

"For staff who have genuine difficulties in resuming work on time upon cancellation of a tropical cyclone or rainstorm warning, employers should be sympathetic and handle each case flexibly. For example, employers may allow employees to resume work in stages, permit employees who have difficulties in returning to workplaces to work remotely (if applicable) or allow more time for them to report for duty and resume work," an LD spokesman said.

The spokesman reminded employers to observe the statutory liabilities and requirements under the Employment Ordinance, Occupational Safety and Health Ordinance, Factories and Industrial Undertakings Ordinance, Employees' Compensation Ordinance and Minimum Wage Ordinance.

"As natural calamities cannot be avoided, for employees who are not able to report for duty or resume duty on time due to adverse weather or 'extreme conditions', employers should neither deduct their wages, good attendance bonus or allowances, nor reduce employees' entitlement to annual leave, statutory holidays or rest days under the Employment Ordinance, or ask for additional hours of work from employees to compensate for the loss of working hours when they are unable to report for duty," the spokesman said.

Employers should note that they have an obligation to provide and maintain a safe working environment for their employees under the Occupational Safety and Health Ordinance. Moreover, under the Employees' Compensation Ordinance, employers are liable to pay compensation for injuries or deaths incurred when employees are travelling by a direct route from their residence to their workplace, or from their workplace back to their residence after work, four hours before or after working hours on a day when Tropical Cyclone Warning Signal No. 8 or higher, a Red or Black Rainstorm Warning Signal or "extreme conditions" is in force.

The LD has published the "Code of Practice in Times of Adverse Weather and 'Extreme Conditions'", which provides the major principles, reference guidelines and information on relevant legislation on making work arrangements for the reference of employers and employees. The booklet can be obtained from branch offices of the Labour Relations Division or downloaded from the department's webpage (www.labour.gov.hk/eng/public/wcp/Rainstorm.pdf).

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