Immigration Department Arrests 13 Illegal Workers and Employers in Eight-Day Operation

19 persons arrested during anti-illegal worker operations

The Immigration Department (ImmD) mounted a series of territory-wide anti-illegal worker operations for eight consecutive days from October 2 to yesterday (October 9). A total of 13 suspected illegal workers, three suspected employers and three suspected aiders and abettorswere arrested.

The ImmD has long been highly vigilant against the problem of illegal employment and has taken vigorous and effective enforcement actions. The ImmD has mounted intelligence-led focused operations in multiple targeted locations. During the joint operation with Labour Department codenamed “Lightshadow”, five suspected illegal workers and three suspected aiders and abettors were arrested by ImmD Task Force officers. The five arrested suspected illegal workers were non-ethnic Chinese males aged 21 to 59. Four of them were found to be holders of recognisance forms and were non-refoulement claimants, which prohibit them from taking any employment in Hong Kong. Furthermore, three suspected aiders and abettors were Hong Kong male residents aged 28 to 50. They were arrested for being suspected of aiding and abetting illegal workers to take up food delivery works, and conspiracy to defraud delivery platforms.

Among the other anti-illegal worker operations, eight suspected illegal workers and three suspected employers were arrested by ImmD investigation officers. The arrested suspected illegal workers comprised one man and seven women, aged 37 to 58. In addition, two women were also suspected of using and being in possession of a forged Hong Kong identity card. Three Hong Kong male residents, aged 34 to 44, were suspected of employing the illegal workers and were also arrested. An investigation into the suspected employers is ongoing, and the possibility of further arrests is not ruled out.

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 warned, "As stipulated in section 38AA of the Immigration Ordinance, 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 is prohibited from taking any employment, whether paid or unpaid, or establishing or joining any business. Offenders are liable upon conviction to a maximum fine of $50,000 and up to three years' imprisonment. As stipulated in section 20(1)(a) of the Immigration Ordinance, the Chief Executive may make a deportation order against an immigrant, prohibiting the immigrant from being in Hong Kong at any time thereafter if the immigrant has been found guilty in Hong Kong of an offence punishable by imprisonment for not less than two years. Under the prevailing laws, it is an offence to use or possess a forged identity card or an identity card related to another person. Offenders are liable to prosecution and upon conviction face a maximum fine of $100,000 and up to 10 years' imprisonment."

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) victims. When any TIP 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 elements, such as threats and coercion in the recruitment phase and the nature of exploitation. Identified TIP 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 victims to report crimes to the relevant departments immediately.

For reporting illegal employment activities, please call the dedicated hotline 3861 5000, 24-hour Immigration Offences Hotline 2824 1551, by fax at 2824 1166, email toanti_crime@immd.gov.hk, or submit "Online Reporting of Immigration Offences" form atwww.immd.gov.hk.

19 persons arrested during anti-illegal worker operations Source: HKSAR Government Press Releases

19 persons arrested during anti-illegal worker operations Source: HKSAR Government Press Releases

Government continues to support owners having engaged Will Power and Prestige

The Police and the Independent Commission Against Corruption stated earlier today (June 10) that they had laid charges against Will Power Architects Company Limited (Will Power) and Prestige Construction & Engineering Co., Limited (Prestige), as well as seven individuals who played different roles in the major maintenance project of Wang Fuk Court. The Government understands that some buildings and housing estates have hired these two companies as consultant or contractor for their building maintenance works. As the individuals and companies involved will no longer be able to perform their duties for the works, the Government is providing appropriate support to assist these owners in following up the relevant works having regard to their circumstances.

For owners who have engaged Will Power as their consultant with the maintenance works commenced, the Urban Renewal Authority (URA) announced yesterday (June 9) that it would provide transitional arrangement free-of-charge for approximately 37 cases that have received URA's building rehabilitation subsidies or support services, so as to assist the owners in engaging an Independent Reviewer to promptly conduct third-party assessment, clarify the fees for the completed but not yet paid works so that the owners' corporations (OCs)/ owners can pay to the contractors, as well as prepare tender documents for the appointment of a new works consultant. As for a few cases that are not URA's original clients, the URA may also provide such transitional arrangement on a fee-paying basis. Please refer to the press release issued by the URA for details (www.ura.org.hk/en/news-centre/press-releases/20260609).

As for cases where Will Power has been engaged as consultant but yet to sign the works contract with the contractor, the owners should first terminate the contract with Will Power, and then consider engaging a new works consultant through the enhanced "Smart Tender" to be launched by the Government and the URA. In this connection, in order to facilitate owners' termination of the consultancy services of Will Power, the Development Bureau (DEVB) has, in consultation with the URA and the Hong Kong Institute of Surveyors (HKIS), compiled a set of reference materials to provide advice to the OCs on the termination of the consultancy services of Will Power and follow-up matters. The District Offices will contact the affected OCs and owners through their district networks to provide relevant reference materials and arrange briefings by the URA and the HKIS to these OCs and owners where necessary.

In addition, regarding cases where Prestige has been engaged as the contractor while their consultant is not Will Power, since qualified consultants have been engaged for these maintenance works, the consultants have the responsibility to assist owners in supervising their contractors' work and addressing any issues that arise during the course of the works. Hence, the owners should discuss possible solutions with their consultants, including terminating the existing works contracts, and consider seeking legal advice where necessary. The District Offices will continue to contact the affected OCs and owners through their district networks to provide appropriate support.

If buildings have received Mandatory Building Inspection Scheme notices and the compliance period has expired or will expire shortly, the Buildings Department (BD) will exercise discretion on a case-by-case basis.

Furthermore, a DEVB spokesman said that the BD had removed Prestige from the register of general building contractors in February this year. However, this will not exempt Prestige or the relevant individuals from criminal liabilities under the Buildings Ordinance. For contractors, registered inspectors and other involved persons who have violated the Ordinance, the BD will separately take prosecution actions and impose penalties having regard to the investigation results.

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