Labour Department suspends recognition of safety training courses operated by two training course providers
The Labour Department (LD) today (October 8) suspended the recognition of the Mandatory Basic Safety Training Course (Construction Work) (commonly known as the Green Card Course) organised by the Neighbourhood & Worker's Service Centre (NWSC) and the Hong Kong Federation of Women's Centres Limited (HKFOWCL) for a period of six months, until April 7, 2026.
The LD found that the NWSC had violated the approval conditions for operating the course, including disclosing all examination questions and relevant answer choices to trainees before the examination by a trainer, and allowing a trainee who did not fulfil the required attendance to attend the examination. After conducting thorough investigations and gathering evidence, and taking into account the explanations and representations provided by the NWSC and the trainer involved, the LD decided to suspend its recognition for six months in view of the serious nature of the violation. The trainer involved was also removed from delivering the respective course at the NWSC. All trainees involved will not be issued green cards.
The LD also found that the HKFOWCL had violated the approval conditions for operating the course, including failing to ensure that invigilators were present in examination rooms during the course examinations. Furthermore, the trainer involved did not invigilate the examination in a proper manner, resulting in the failure to detect trainees discussing answers with each other during the examination. After conducting thorough investigations and gathering evidence, and taking into account the explanations and representations provided by the HKFOWCL and the trainer involved, the LD decided to suspend its recognition for six months in view of the serious nature of the violation. The trainer involved will also be suspended from delivering the respective course for a period of six months at the HKFOWCL. The green cards of all trainees involved in cheating were recalled and cancelled.
A spokesman for the LD said, "The LD is highly concerned about the quality of mandatory safety training courses. In response to the recommendations in the report released by the Office of The Ombudsman on its direct investigation into the 'Government's Regulation of Occupational Safety and Health in the Construction Industry', the LD has increased manpower since April this year to monitor compliance with approval conditions by recognised training course providers to maintain the standard of the training courses and ensure that workers receive appropriate occupational safety and health (OSH) training. If a training course provider does not comply with the approval conditions set by the LD, its recognition to operate the relevant courses will be withdrawn or suspended. The LD will continue to closely monitor the quality of all training course providers and their trainers and strive to enhance the standard of OSH in Hong Kong."
After imposing the above sanctions, there are 132 training course providers offering the recognised Green Card Course. Relevant course information has been uploaded to the LD's website (www.labour.gov.hk/eng/osh/content5.htm) for public reference. Individuals interested in enrolling in the relevant course may contact these training course providers. For enquiries, please call the LD's OSH Training Centre hotline at 2940 7064, or the department's OSH advisory service hotline at 2559 2297.
Source: AI-found images
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
