12 persons arrested during anti-illegal worker operations

12 individuals caught in illegal worker crackdown: the inside story

The Immigration Department (ImmD) mounted a series of territory-wide anti-illegal worker operations and joint operations with the Hong Kong Police Force codenamed "Champion" and "Windsand" for four consecutive days from May 6 to yesterday (May 9). A total of eight suspected illegal workers, three suspected employers and one suspected aider and abettor were arrested.

During the anti-illegal worker operations, ImmD Task Force officers raided six target locations including premises under renovation and restaurants. Six suspected illegal workers and two suspected employers were arrested. The arrested suspected illegal workers comprised four men and two women, aged 30 to 58. Among them, one man was a holder of recognisance form, which prohibits him from taking any employment. In addition, one woman was suspected of using and being in possession of a forged Hong Kong identity card. Two women, aged 47 and 52, were suspected of employing the illegal workers and were also arrested.

During operation "Champion", enforcement officers raided 37 target locations in Western district. Two suspected illegal workers, one suspected employer and one suspected aider and abettor were arrested. The arrested suspected illegal workers comprised one man and one woman, aged 41 and 47. One man, aged 43, was suspected of employing the illegal worker. One woman, aged 60, who was suspected of aiding and abetting a person who breached the condition of stay in Hong Kong was also arrested.

An ImmD spokesman said, "Any person who contravenes a condition of stay in force in respect of him or her shall be guilty of an offence. Also, visitors are not allowed to take employment in Hong Kong, whether paid or unpaid, without the permission of the Director of Immigration. Offenders are liable to prosecution and upon conviction face a maximum fine of $50,000 and up to two years' imprisonment. Aiders and abettors are also liable to prosecution and penalties."

The spokesman warned, "As stipulated in section 38AA of the Immigration Ordinance, 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 is prohibited from taking any employment, whether paid or unpaid, or establishing or joining in any business. Offenders are liable upon conviction to a maximum fine of $50,000 and up to three years' imprisonment. Under the prevailing laws, it is an offence to use or possess a forged Hong Kong identity card or a Hong Kong identity card related to another person, or to transfer an identity card to another person without lawful authority or reasonable excuse. Offenders are liable to prosecution and upon conviction face a maximum fine of $100,000 and up to 10 years' imprisonment."

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 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.

Under the existing mechanism, the ImmD will, as a standard procedure, conduct an initial screening of vulnerable persons, including illegal workers, illegal immigrants, sex workers and foreign domestic helpers, who are arrested during any operation with a view to ascertaining whether they are trafficking in persons (TIP) victims. When any TIP indicator is revealed in the initial screening, the ImmD officers will conduct a full debriefing and identification by using a standardised checklist to ascertain the presence of TIP elements, such as threats and coercion in the recruitment phase and the nature of exploitation. Identified TIP victims will be provided with various forms of support and assistance, including urgent intervention, medical services, counselling, shelter or temporary accommodation and other supporting services. The ImmD calls on TIP victims to report crimes to the relevant departments immediately.

12 persons arrested during anti-illegal worker operations Source: HKSAR Government Press Releases

Hksar government condemns anti-china organization's attacks on basic law article 23 legislation

The Hong Kong Special Administrative Region (HKSAR) Government on May 20 strongly condemned the "briefing" published by anti-China organisation "Hong Kong Watch", which made untruthful, slandering and smearing remarks against the legislation of Article 23 of the Basic Law and requested the Government of the United Kingdom (UK) to impose so-called "sanctions" on HKSAR Government officials, deliberately misleading the public and smearing the Hong Kong National Security Law (NSL) and the Safeguarding National Security Ordinance (the Ordinance).

A spokesman for the HKSAR Government said, "The so-called 'sanctions' mentioned in the 'briefing' smack of despicable political manipulation to intimidate the HKSAR officials safeguarding national security. These grossly interfere in China's internal affairs and Hong Kong affairs, and violate the international law and the basic norms governing international relations. The HKSAR despises such so-called 'sanctions' and is not intimidated by such a despicable behaviour. The HKSAR will resolutely continue to discharge the duty of safeguarding national security."

The HKSAR Government spokesman said, "The HKSAR is an inalienable part of the People's Republic of China, and as a local administrative region that enjoys a high degree of autonomy under the principle of 'one country, two systems', comes directly under the jurisdiction of the Central People's Government. The core essence of the Sino-British Joint Declaration is about China's resumption of the exercise of sovereignty over Hong Kong. It did not authorise the UK to interfere in Hong Kong's affairs after its return to the motherland. The UK has no sovereignty, jurisdiction or right of supervision over Hong Kong after its return to the motherland."

The spokesman also said, "The HKSAR Government steadfastly safeguards the rights and freedoms enjoyed by Hong Kong people as protected under the law. Since Hong Kong's return to the motherland, human rights in the city have always been robustly guaranteed constitutionally by both the Constitution and the Basic Law. The NSL and the Ordinance also clearly stipulate that human rights shall be respected and protected in safeguarding national security in the HKSAR, and that the rights and freedoms, including the freedoms of speech, of the press, of publication, of association, of assembly, of procession and of demonstration, that Hong Kong residents enjoy under the Basic Law and the provisions of the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights as applied to Hong Kong, shall be protected in accordance with the law. Nonetheless, just as the case with other places in the world, such rights and freedoms are not absolute. The ICCPR also expressly states that some of them may be subject to restrictions as prescribed by law that are necessary for protection of national security, public safety, public order or the rights and freedoms of others, etc.

"Following the successful enactment of the Ordinance, the shortcomings in the legal system and enforcement mechanisms for the HKSAR to safeguard national security are addressed. We must once again emphasise that the Ordinance is a piece of legislation to defend against external forces that endanger our national security, acting like a sturdier door and a more effective door lock to defend our home. The HKSAR Government strongly urges these organisations with ulterior motives to stop smearing and interfering in Hong Kong affairs which are internal affairs of China. It is incumbent upon these organisations to ensure that their remarks concerning the NSL and the Ordinance are fair and just, and stop making scaremongering remarks.

"We must also point out that the HKSAR law enforcement agencies have been taking law enforcement actions based on evidence and strictly in accordance with the law in respect of the acts of the persons or entities concerned, paying no regard to their political stance, background or occupation.

"Not only is 'Hong Kong Watch' an anti-China organisation, many of its members are also anti-China and destabilising forces in the front line, who have called for so-called 'sanctions' by foreign countries against officials of the Central People's Government and the HKSAR Government repeatedly. Members of the public in Hong Kong and the international community should see the organisation in its true colours and not to be misled by its skewed remarks with ulterior motives. The HKSAR Government will continue to safeguard national security fearlessly, so that the HKSAR can focus its efforts on developing the economy, improving people's livelihood and maintaining the long-term prosperity and stability of Hong Kong."