HKSAR Government Rejects Foreign Criticism Over National Security Measures Against Wanted Individuals

HKSAR Government opposes smears against Police lawful enforcement actions

The Government of the Hong Kong Special Administrative Region (HKSAR) today (July 27) strongly opposed and disapproved of smears with distorted facts by government officials and politicians from countries like the United States, Canada and Australia, as well as anti-China organisations, on HKSAR's lawful act to pursue wanted persons endangering national security absconding from Hong Kong. Not only did such foreign government officials and politicians, as well as anti-China organisations, turned a blind eye to illegal acts of criminals, but also deliberately smeared and spread irresponsible remarks, in an attempt to mislead the public, about the measures and actions taken by the HKSAR Government in accordance with the law. The HKSAR Government strongly disapproved of such acts.

A spokesman for the HKSAR Government said, "Acts and activities endangering national security could bring very serious consequences. Prompt actions must be taken to prevent and suppress such acts and activities effectively. According to Article 37 of the Hong Kong National Security Law (HKNSL), this Law shall apply to a person who is a permanent resident of the HKSAR or an incorporated or unincorporated body such as a company or an organisation which is set up in the HKSAR if the person or the body commits an offence under the HKNSL outside the HKSAR. Additionally, Article 38 of the HKNSL stipulates that this Law shall apply to offences under this Law committed against the HSKAR from outside the HKSAR by a person who is not a permanent resident of the HKSAR. Therefore, the Hong Kong Police Force has the responsibility to pursue, in accordance with the law, persons suspected of committing offences under the HKNSL outside Hong Kong."

"The 'Hong Kong Parliament' is an organisation which aims to subvert state power; its objectives include promoting 'self-determination', promulgating the so-called 'Hong Kong Constitution', and overthrowing or undermining the basic system of the People's Republic of China established by the Constitution of the People's Republic of China or overthrowing the body of the central power of People's Republic of China or the body of power of the HKSAR with unlawful means, thereby suspected of having committed the offence of 'Subversion' contrary to Article 22 of the HKNSL. Thus, Police applied to the court for arrest warrants in accordance with the law and put the persons involved on wanted list. Any acts disregarding the facts and smearing HKSAR's work in safeguarding national security with untruthful remarks are hypocritical and irresponsible, and will not win any public support."

"We have to stress that both the HKNSL and the Safeguarding National Security Ordinance clearly stipulate that human rights shall be respected and protected in safeguarding national security in the HKSAR. The rights and freedoms, including the freedoms of speech, of the press and of publication, and the freedoms of association, of assembly, of procession and of demonstration, enjoyed by Hong Kong people under the Basic Law and the provisions of the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights as applicable to the HKSAR are protected in accordance with the law. However, regarding an extremely small minority of organisations and individuals endangering national security, the HKSAR Government will not condone their criminal acts, and will not give up pursuing them, including adopting all practical measures to bring those fugitives endangering national security who have absconded from Hong Kong to justice."

The spokesman emphasised, "Absconders should not think they can evade criminal liability by absconding from Hong Kong. Ultimately, they will be liable for their acts constituting serious offences endangering national security and be punished by the law. No country or organisation should harbour criminals nor try to exonerate these people with different excuses."

"The Constitution and the Basic Law steadfastly safeguard the rights and freedoms enjoyed by Hong Kong people. Any attempt by foreign countries or external forces to undermine Hong Kong's situation will only expose their own weakness and faulty arguments and be doomed to fail. The HKSAR Government will continue to unwaveringly discharge its duty in safeguarding national security," the spokesman reiterated.

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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