HKSAR Government Condemns EU's Remarks on National Security Enforcement Actions

HKSAR Government opposes smears by EU against Police's lawful enforcement actions

The Government of the Hong Kong Special Administrative Region (HKSAR) today (August 1) strongly opposes and disapproves of the slanderous remarks by the European Union (EU) on the HKSAR's lawful act to pursue wanted persons who have endangered national security and absconded from Hong Kong.

A spokesman for the HKSAR Government said, "Endangering national security is a very serious offence. No country will watch with folded arms on acts and activities that endanger national security. The 'Hong Kong Parliament' is an organisation that 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 the People's Republic of China or the body of power of the HKSAR with unlawful means, thereby suspected of committing the offence of 'Subversion' contrary to Article 22 of the Hong Kong National Security Law (HKNSL). Thus, the Police applied to the court for arrest warrants in accordance with the law and placed the persons on a wanted list. Any suggestion that certain individuals or organisations should be immune from legal consequences for their illegal acts, including those involving collusion with foreign or external forces, is no different from advocating a special privilege to break the law, and this totally runs contrary to the spirit of the rule of law.

"Extraterritorial effect for offences under the HKNSL and the Safeguarding National Security Ordinance (SNSO) fully aligns with the principles of international law, international practice and common practice adopted in various countries and regions. It is both necessary and legitimate, and is also in line with those of other countries and regions around the world. As the law enforcement department of the HKSAR safeguarding national security, the Hong Kong Police are duty-bound to pursue the liability of those who have allegedly endangered national security outside Hong Kong. Those absconders hiding outside Hong Kong are wanted because they continue to blatantly engage in activities endangering national security. Moreover, they continue to collude with external forces to cover for their evil deeds. It is necessary for the Police to take all lawful measures to strongly combat the acts of abscondment, and such actions are fully justified, necessary and legitimate.

"We have to stress that both the HKNSL and the SNSO 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 (ICCPR) and the International Covenant on Economic, Social and Cultural Rights as applicable to the HKSAR are protected in accordance with the law.Nonetheless, just as in other places in the world, many of the rights and freedoms are not absolute. The ICCPR also expressly states that certain rights and freedoms including the freedom of expression may be subject to restrictions as prescribed by law that are necessary for the protection of national security, public safety, public order, the rights and freedoms of others, etc. 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 held 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 spokesman reiterated,"The HKSAR Government will, as always, resolutely, fully and faithfully implement theHKNSL, the SNSO and other relevant laws safeguarding national security in the HKSAR, to effectively prevent, suppress and impose punishment for acts and activities endangering national security in accordance with the law, while upholding the rights and freedoms of Hong Kong people in accordance with the law, to ensure the steadfast and successful implementation of the principle of 'one country, two systems'. The HKSAR Government strongly demands that the EU immediately stop acting against international law and basic norms of international relationsand interfering in Hong Kong matters, which are purely China's internal affairs."

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