HKSAR Government Rejects G7 Criticism, Defends National Security Law Enforcement Actions.

HKSAR Government opposes slanderous remarks by the United States and members of G7 Rapid Response Mechanism on HKSAR's lawful act to pursue wanted persons endangering national security absconding from Hong Kong

In response to the untrue and biased remarks made by the United States and members of the Group of Seven Rapid Response Mechanism (G7 RRM) (including Canada, France, Germany, Italy, Japan, the United Kingdom and the European Union) and G7 RRM associate members regarding the Hong Kong Special Administrative Region (HKSAR)'s lawful act to pursue wanted persons endangering national security absconding from Hong Kong, the HKSAR Government today (August 9) expressed strong dissatisfaction and opposition.

A spokesman said, "Law of the People's Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region (Hong Kong National Security Law) and the Safeguarding National Security Ordinance clearly stipulate that human rights shall be respected and protected in safeguarding national security. 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 residents 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. Legislation that safeguards national security only targets a very small number of organisations and individuals that endanger national security."

The spokesman also pointed out, "The National Security Department of the Hong Kong Police Force announced on July 25 that 16 absconders, and Yuan Gong-yi, Fok Ka-chi and Choi Ming-da, who were specified as absconders in June and December 2024, had been put on wanted list. These 19 absconders are suspected of having committed offences under the Hong Kong National Security Law by organising, establishing, or participating in, outside the HKSAR, a subversive organisation named the 'Hong Kong Parliament'. The court has, upon application by the Police, issued arrest warrants against these 19 persons at large. The Secretary for Security had, on August 4, exercised the powers conferred by the Safeguarding National Security Ordinance to specify the above 16 persons as absconders, and specified the measures to be applied against the 16 relevant absconders by notices published in the Gazette."

The spokesman said, "Those absconders hiding outside Hong Kong are wanted and subject to arrest warrants issued by the court, not because they 'exercised freedom of expression', but because they continue to blatantly engage in activities endangering national security there. The 'Hong Kong Parliament' is an organisation aiming to subvert the 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, etc. with unlawful means. We therefore have taken such measures to make a significant impact."

"Endangering national security is a very serious offence. Such acts and activities could bring very serious consequences. The HKSAR Government has the responsibility to pursue, in accordance with the law, persons suspected of having committed offences under the Hong Kong National Security Law or other offences endangering national security outside Hong Kong. It is indeed a demonstration of hypocrisy with double standards by any external forces or people with ulterior motives that, after the HKSAR Government has announced the relevant measures, attack the HKSAR in safeguarding national security dutifully, faithfully and in accordance with the law."

"The HKSAR law enforcement agencies have been taking law enforcement actions based on evidence and strictly in accordance with the law in respect of the acts of the persons or entities concerned, and have nothing to do with their political stance, background or occupation. The HKSAR Government has the responsibility to pursue those who are suspected to have committed offences endangering national security and absconded overseas in accordance with the law."

"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 sanctioned by the law. Any suggestion that certain individuals or organisations should be immune from legal consequences for their illegal acts 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," the spokesman stressed.

The spokesman reiterated, "The Constitution and the Basic Law steadfastly safeguard the rights and freedoms enjoyed by Hong Kong residents. 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."

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