HKSAR Government Condemns US Politicians for Misleading Comments on National Security Case

HKSAR Government strongly disapproves of and opposes certain US House of Representatives politicians' so-called "resolution" blatantly shielding national security offenders and interfering in Hong Kong affairs

The Government of the Hong Kong Special Administrative Region (HKSAR) today (December 5) strongly condemned certain United States (US) House of Representatives politicians for attempting to use a so-called "resolution" to make absurd and fact-twisting comments on the case involving Lai Chee-ying endangering national security, as well as his custodial arrangements, with the intention to pervert the course of justice. Such so-called "resolution" attacks and smears the HKSAR's situation regarding its high degree of autonomy under the "one country, two systems", safeguarding national security, and protecting human rights. The HKSAR Government expressed strong opposition and dissatisfaction, and must sternly denounce such acts to set the record straight.

US House of Representatives

A spokesman for the HKSAR Government said: "The HKSAR Government has emphasised time and again that as the legal proceedings of Lai Chee-ying's case involving the Hong Kong National Security Law are still ongoing, it is inappropriate for any person to comment on the case in an attempt to interfere with the court to exercise judicial power independently, which might otherwise constitute perverting the course of justice. Yet, certain US politicians have introduced the so-called 'resolution' under the pretext of human rights, democracy and freedom to blatantly comment on the case. This is an obvious attempt to exert pressure on the courts of the HKSAR, completely disregarding the spirit of the rule of law. Moreover, the so-called 'resolution' baselessly alleges that Lai Chee-ying has been subjected to inhumane treatment in custody, while turning a blind eye to various human rights violations occurring domestically in the US, is in fact blatant hypocrisy and double standard."

The spokesman stressed, "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, paying no regard to their political stance, background or occupation of the person or organisation involved. In this regard, the claim made in the so-called 'resolution' that Lai Chee-ying has been targeted by the HKSAR authorities because of his political views and participation in public interest issues (including democracy and human rights topics) is completely untrue. The HKSAR Government must solemnly point out that the suggestion that any persons or organisations with certain backgrounds should be immune from legal sanctions for their illegal acts and activities is tantamount to granting such persons privileges to break the law. The HKSAR Government strongly urges the relevant US politicians to respect the fundamental principles of the rule of law and judicial independence and immediately cease their despicable political manipulations that distort facts and glorify criminal acts."

"On the other hand, the HKSAR Government has also publicly stated on numerous occasions that the medical services received by Lai Chee-ying in custody are adequate and comprehensive. The Correctional Services Department (CSD) attaches great importance to the safety and health of persons-in-custody (PICs). Regardless of the identities, ages and nationalities of PICs, the CSD is committed to ensuring that the custodial environment is secure, safe, humane, appropriate and healthy, as well as timely medical support. During an earlier public court hearing, senior counsel representing Lai Chee-ying clearly presented to the court that the correctional institutions had been arranging daily medical checkups for Lai Chee-ying and that there had been no complaints at all regarding the medical services he was receiving, and the Court commended the CSD. As for the arrangement for Lai Chee-ying's removal from association from other PICs (i.e. the so-called 'solitary confinement'), it has all along been made at his own request and approved by the CSD after considering all relevant factors in accordance with the law."

Lai Chee-ying, Photo source: Sing Tao Daily

Regarding the attacks and smears made by the so-called "resolution" on the HKSAR's high degree of autonomy under "one country, two systems", safeguarding national security, as well as protection of human rights, the spokesman emphasised: "The HKSAR is an inalienable part of the People's Republic of China, is a local administrative region that enjoys a high degree of autonomy under 'one country, two systems', and directly under the Central People's Government. The legal basis for implementing 'one country, two systems' comprises the Constitution and the Basic Law, which provide constitutional guarantee for fundamental rights and freedoms, including the right to equality before the law, and is buttressed by the rule of law and independent judicial power."

"The HKSAR Government steadfastly safeguards national sovereignty, security and development interests, and fully and faithfully lives up to the highest principle of 'one country, two systems'. The laws safeguarding national security in the HKSAR are precisely for safeguarding national sovereignty, unity and territorial integrity; and ensuring the full and faithful implementation of the principle of 'one country, two systems' under which the people of Hong Kong administer Hong Kong with a high degree of autonomy. It will also better safeguard the fundamental rights and freedoms. The HKSAR Government will continue to resolutely and effectively prevent, suppress, and punish acts and activities endangering national security in accordance with the law, while safeguarding the rights and freedoms of Hong Kong residents to ensure the steadfast and successful implementation of 'one country, two systems'. The HKSAR Government once again strongly urges relevant US politicians to discern facts from fallacies, respect the international law and basic norms governing international relations, and immediately stop interfering in Hong Kong matters, which are purely China's internal affairs."

Central Government Offices, Photo source: FB

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