19 persons arrested during anti-illegal worker operations
The Immigration Department (ImmD) mounted a series of territory-wide anti-illegal worker operations codenamed "Lightshadow" and "Twilight", and joint operations with the Hong Kong Police Force codenamed "Champion" and "Windsand", for four consecutive days from September 23 to yesterday (September 26). A total of 15 suspected illegal workers, two suspected employers, one overstayer and one illegal immigrant were arrested.
During the anti-illegal worker operations, ImmD Task Force officers raided 37 target locations including a garage, premises under renovation and restaurants. Six suspected illegal workers were arrested. The arrested suspected illegal workers comprised six men, aged 24 to 43.
During operation "Champion", enforcement officers raided 71 target locations in Eastern, Mong Kok and Western districts. Nine suspected illegal workers, two suspected employers, one overstayer and one illegal immigrant were arrested. The arrested suspected illegal workers comprised two men and seven women, aged 28 to 64. Among them, one woman was also suspected of using and being in possession of a forged Hong Kong identity card. Two women, aged 48 and 59, suspected of employing the illegal workers, were arrested. One female overstayer, aged 35, was arrested. One female illegal immigrant, aged 43, 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. 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 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 spokesmanreminded 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.
19 persons arrested during anti-illegal worker operations Source: HKSAR Government Press Releases
Appointment of non-official members to ICAC-related committees announced
The Government announced today (January 1) that the Chief Executive has made appointments and reappointments to the four Independent Commission Against Corruption (ICAC) advisory committees, namely the Advisory Committee on Corruption (ACOC), the Operations Review Committee (ORC), the Corruption Prevention Advisory Committee (CPAC) and the Citizens Advisory Committee on Community Relations (CACCR), and to the ICAC Complaints Committee (ICC). All of the appointments and reappointments are for a term of two years with effect from January 1, 2026.
ACOC
The Chief Executive has reappointed Mr Bernard Charnwut Chan (in his capacity as the Chairman of the ORC), Professor Simon Ho Shun-man (in his capacity as the Chairman of the CACCR), Dr Kelvin Wong Tin-yau (in his capacity as the Chairman of the CPAC) and Mr Victor Lam Hoi-cheung as members of the ACOC. Ms Mary Huen Wai-yi and Mr David Liao Yi-chien have been newly appointed to the Committee as members.
Ms Huen is the Executive Director and Chief Executive Officer of a bank. She is the Chairperson of the Hong Kong Association of Banks. She is also a member of the Banking Advisory Committee of the Hong Kong Monetary Authority, the Hospital Authority and the Human Resources Planning Commission.
Mr Liao is the Co-Chief Executive of a bank. He is also a member of the Advisory Committee on Attracting Strategic Enterprises, the Advisory Committee on the Northern Metropolis and the Exchange Fund Advisory Committee.
The ACOC advises the Commissioner of the ICAC on any aspects of the problem of corruption in Hong Kong, and keeps the operational, staffing and administrative policies of the ICAC under review.
ORC
The Chief Executive has reappointed Mr Bernard Charnwut Chan as the Chairman of the ORC. Ms Clara Chan Yuen-shan, Mr Felix Li Kwok-hing and Ms Vivien Lau Man-yee have been reappointed to the Committee as members. Ms Kuok Hui-kwong has been newly appointed to the Committee as a member.
Ms Kuok is the Chairperson and Chief Executive Officer of a hotel group. She is also a member of the Appeal Board on Public Meetings and Processions and the Security and Guarding Services Industry Authority.
The ORC oversees all ICAC investigations and corruption complaints received to ensure that they are handled effectively and efficiently. It also examines circumstances where search warrants are authorised by the Commissioner, where persons have been put on bail for more than six months, and where investigations have been lasting for over a year or require substantial resources.
CPAC
The Chief Executive has reappointed Dr Kelvin Wong Tin-yau as the Chairman of the CPAC. Ms Carrie Lau Ka-wai and Mr Rex Mok Chung-fai have been reappointed to the Committee as members. Mr Donald Choi Wun-hing has been appointed as a new member of the Committee.
Mr Choi is the Managing Director of the Urban Renewal Authority. He is also a member of the Antiquities Advisory Board.
The CPAC receives and calls for reports from the ICAC about practices and procedures of government departments, public bodies and the private sector which may be conducive to corruption. It also advises the Commissioner on what areas should be examined and the degree of priority to be accorded to each.
CACCR
The Chief Executive has reappointed Professor Simon Ho Shun-man as the Chairman of the CACCR. Miss Pinky Lau Pik-yiu, Dr James Wong Kong-tin, Miss Jenny Yung Ching-yi and Ms Cally Kwong Mei-wan have been reappointed as members of the CACCR. Dr Kalwan Kwan Ming-tak has been appointed as a new member of the Committee.
Dr Kwan is the Honorary Lecturer of the Department of Sociology of the University of Hong Kong.
The CACCR advises the Commissioner on appropriate measures to foster public support in combating corruption and to educate the public against the evils of corruption. It also monitors community response to the ICAC's work and public attitudes towards corruption in general.
ICC
The Chief Executive has reappointed Executive Council Member Dr Lam Ching-choi as the Chairman of the ICC. Legislative Council (LegCo) Member Miss Grace Chan man-yee and Mr Lau Chun-hung have been reappointed as members of the ICC. LegCo Members Mr Chan Hok-fung and Ms Judy Chan Kapui, and Ms Irene Chow Man-ling have been appointed as new members of the ICC.
Mr Chan works in the banking industry. He is also a Non-executive Director of the Urban Renewal Authority.
Ms Chan is a full-time LegCo Member. She is also a member of the Fisheries Development Loan Fund Advisory Committee and the Hong Kong Housing Authority.
Ms Chow is the Executive Director of an investment company. She is also a member of the Airport Authority and the Standing Commission on Civil Service Salaries and Conditions of Service.
The ICC monitors the handling of non-criminal complaints against the ICAC, reviews the ICAC procedures and practices which may lead to complaints, and makes recommendations when necessary.
The Government extends its sincere appreciation to all outgoing members whose terms of office expired after December 31, 2025. Their valuable contributions to the work of the respective committees are greatly appreciated.
The updated non-official membership lists of the four ICAC advisory committees and the ICC are in the Annex.
