HKSAR Government expresses strong disapproval of US's imposition of so-called reciprocal tariff on products of Hong Kong
The Government of the Hong Kong Special Administrative Region (HKSAR) today (April 3) expressed strong disapproval of and discontent with the United States (US)'s imposition of the so-called reciprocal tariff as well as its elimination of the duty-free de minimis treatment for and imposition of duty on covered goods from Hong Kong with effect from May 2.
A spokesman for the HKSAR Government said, "The US's measures are bullying and unreasonable, and grossly inconsistent with the World Trade Organization (WTO) rules, willfully undermining the multilateral trading system which is the cornerstone for international trade. Once again, the HKSAR Government firmly requests the US to withdraw its so-called reciprocal tariff measures."
The spokesman said that Hong Kong, being a free port, supports and upholds free trade all along. Hong Kong has never imposed any tariffs on imported goods including those from the US. The US's imposition of the so-called reciprocal tariff is illogical. As a separate customs territory under the "one country, two systems" principle, Hong Kong has put in place an effective system for import and export, including the origin certification system, trade declaration and manifest requirements, and has taken robust enforcement actions on this basis. The US's allegation about the imposition of the so-called reciprocal tariff on Hong Kong products due to the risk of transshipment and evasion is ungrounded, fully showing that it is a bullying act for suppressing its competitors.
"In 2023, the US was the third largest trading partner of Hong Kong, with the total merchandise trade value amounting to US$60.3 billion. During the past 10 years, the US has realised a trade surplus of US$271.5 billion with Hong Kong, the largest among its global trading partners. The US's measures are mere unilateral protectionism that harm the interests of all," the spokesman added.
As for the duty-free de minimis treatment for postal items despatched from Hong Kong to the US, the US has been repeatedly changing its policies unilaterally. Hongkong Post has requested the postal administration of the US to promptly clarify the matter and should not cause inconvenience to the public. From now until May 2, Hongkong Post will temporarily maintain postal services to the US but will not collect any so-called tariffs on behalf of the US authorities.
In sum, the HKSAR Government will continue to closely monitor and assess any unilateral measures of the US that are inconsistent with fair trade and take actions to defend Hong Kong's legitimate interests, including filing of a complaint in accordance with the WTO dispute settlement mechanism.
16 persons arrested during anti-illegal worker operations
The Immigration Department (ImmD) mounted a series of territory-wide anti-illegal worker operations codenamed "Contribute", "Twilight" and a joint operation with the Food and Environmental Hygiene Department and the Leisure and Cultural Services Department codenamed "Flabbergast" from January 2 to yesterday (January 8). A total of 12 suspected illegal workers, three suspected employers and a suspected aider and abettor were arrested.
During the anti-illegal worker operations, ImmD officers raided multiple target locations including restaurants, warehouses and hair salons etc. Twelve suspected illegal workers were arrested. The arrested suspected illegal workers comprised four men and eight women, aged 29 to 70. Among them, two women were holding recognizance forms which prohibit them from taking any employment. In addition, three women were suspected of using and being in possession of Hong Kong identity cards which relates to another person. Two men and one woman, aged 30 to 64, were suspected of employing the illegal workers and were also arrested. Furthermore, the suspected aider and abettor arrested was a woman aged 62. An investigation into the suspected employers is ongoing, and the possibility of further arrests is not ruled out.
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 any business. Offenders are liable upon conviction to a maximum fine of $50,000 and up to three years' imprisonment. As stipulated in section 20(1)(a) of the Immigration Ordinance, the Chief Executive may make a deportation order against an immigrant, prohibiting the immigrant from being in Hong Kong at any time thereafter if the immigrant has been found guilty in Hong Kong of an offence punishable by imprisonment for not less than two years. Under the prevailing laws, it is an offence to use or possess a forged identity card or a identity card related to another person. Offenders are liable to prosecution and upon conviction face a maximum fine of $100,000 and up to 10 years' imprisonment."
The spokesman stressed 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.
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) and/or forced labour victims. When any TIP and/or forced labour 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 and/or forced labour elements. Identified TIP and/or forced labour 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 and/or forced labour victims to report crimes to the relevant departments immediately.
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.
16 persons arrested during anti-illegal worker operations Source: HKSAR Government Press Releases
