WFSFAA and Police jointly combat fraudulent acts by those seeking to obtain Working Family Allowance illegally
A spokesman for the Working Family and Student Financial Assistance Agency (WFSFAA) said today (July 24) that the WFSFAA and the Police had recently conducted a joint operation to combat fraudulent acts by those seeking to obtain the Working Family Allowance (WFA) illegally. The Police have arrested a total of six people for allegedly defrauding or intending to defraud the WFSFAA, involving an amount of about $30,000.
The Working Family Allowance Office of the WFSFAA, when processing WFA applications in April this year, detected suspicious documentary proof relating to employment and income submitted by some applicants. The WFSFAA swiftly reported the incident to the Police and referred the cases suspected of using false documents to the Police for investigation. After a thorough investigation, the Police carried out an operation recently and have arrested a total of six people so far for allegedly defrauding or intending to defraud the WFSFAA. The WFSFAA will continue to render full assistance to the Police in the investigation and recover the overpaid allowances from the relevant persons as appropriate in a timely manner.
The spokesman said that the WFSFAA scrutinises every WFA application in a stringent manner and has established a mechanism to identify and guard against fraud cases. When detecting unlawful acts such as false information, fraudulence or other criminal elements in WFA applications, the WFSFAA will take appropriate follow-up actions, including referring any such suspected cases to the law enforcement agencies. The cases were discovered by the WFSFAA after identifying suspicious applications in the process of vetting applications. The WFSFAA will continue to examine WFA applications in a stringent manner to ensure the proper use of public funds. Members of the public are urged not to defraud the WFSFAA.
The WFA Scheme aims to support low-income working households, which are not receiving Comprehensive Social Security Assistance, by promoting full-time employment and self-reliance, as well as rewarding hard work. Applicants are required to submit documentary proof of working hours, income and assets to the WFSFAA for assessing their eligibility for the WFA. Every applicant for the WFA is required to sign a declaration in the application form to declare that the information provided, and the documentary proof submitted, are true, complete and accurate. The WFSFAA has also clearly stated in the application form that obtaining the WFA by deception is a criminal offence. In addition to being disqualified for the WFA, the applicant may also be prosecuted and liable on conviction to imprisonment for a maximum of 14 years under the Theft Ordinance (Cap 210).
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Seven persons arrested during anti-illegal worker operation
The Immigration Department (ImmD) mounted an anti-illegal worker operation codenamed "Contribute" today (January 15).During the operation, ImmD Task Force officers raided premises under renovation in a newly built public housing estate in Sheung Shui district.A total of six suspected illegal workers and one suspected employer were arrested. Thearrested suspected illegal workers comprise six men, aged 22 to 41. Furthermore, one man, aged 45, suspected of employing the illegal workers, was also arrested. An investigation into the suspected employers is ongoing, and the possibility of further arrests is not ruled out.
Apart from mounting the enforcement operation, ImmD officers and a promotional vehicle have been deployed to distribute "Don't Employ Illegal Workers" leaflets and convey the message in the estate.
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 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.
Seven persons arrested during anti-illegal worker operation Source: HKSAR Government Press Releases
Seven persons arrested during anti-illegal worker operation Source: HKSAR Government Press Releases
