Nine persons arrested during anti-illegal worker operations
The Immigration Department (ImmD) mounted a series of territory-wide anti-illegal worker operations, including joint operations with the Hong Kong Police Force codenamed "Champion", from December 21 to yesterday (December 23). During the anti-illegal worker operations, ImmD officers raided multiple target locations, including food markets and performance and event venues. Six suspected illegal workers, one suspected employer and two overstayers were arrested. The arrested suspected illegal workers comprised three men and three women, aged 18 to 58. A woman aged 43 was suspected of employing the illegal workers and was also arrested.
The investigation into the suspected employers is ongoing, and the possibility of further arrests is not ruled out.
Additionally, alongside enforcement actions, ImmD officers, along with a publicity vehicle, were deployed to a newly inhabited housing estate in Sheung Shui. They distributed leaflets to residents handling move-in procedures and the property management staff. The officers urged residents to stand against employing illegal workers and reminded them that customers who knowingly engage service providers using illegal labour may also be subject to criminal liability.
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. "
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, 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, 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.
Nine persons arrested during anti-illegal worker operations Source: HKSAR Government Press Releases
Nine persons arrested during anti-illegal worker operations Source: HKSAR Government Press Releases
Nine persons arrested during anti-illegal worker operations Source: HKSAR Government Press Releases
HKSAR Government expresses dissatisfaction with and opposition to unfounded comments by individual so-called human rights experts on Lai Chee-ying case
The Hong Kong Special Administrative Region (HKSAR) Government today (December 24) expressed dissatisfaction with and opposition to the unfounded comments by individual so-called human rights experts after the court of the HKSAR convicted Lai Chee-ying of offences of endangering national security in strict accordance with the law and evidence.
A spokesperson for the HKSAR Government pointed out, "The HKSAR Government noted that individual so-called human rights experts have entirely no respect for the HKSAR court's independent judgment of the case, which had been made on the basis of facts and evidence. They also refused to acknowledge the evidence set out in the reasons for verdict, and refused to understand the court's considerations and the reasons for verdict. Instead, they wantonly launched attacks, slandered and attacked the HKSAR Government, with despicable political manipulations to demand the immediate release of Lai Chee-ying, overriding the rule of law with politics and confounding right and wrong. Their despicable intent to interfere with the court's sentencing has been seen through by all. The HKSAR Government has to refute resolutely to set the record straight."
Court's conviction verdict was entirely free from any political considerations
"The court's reasons for verdict in this case are 855 pages long, which are fully open for public inspection, and include the court's analysis of the relevant legal principles and evidence, as well as the reasons for convicting Lai Chee-ying and the three defendant companies in full detail. The court clearly pointed out in the reasons for verdict that Lai Chee-ying was not on trial for his political views or beliefs. The court's conviction verdict is well-founded and reasoned, fully demonstrating that the court has made its decision on the case strictly in accordance with the law and evidence, free from any interference, and absolutely free of any political considerations."
The spokesperson stressed, "Hong Kong is a society underpinned by the rule of law and has always adhered to the principle that laws must be obeyed and lawbreakers be held accountable. Article 5 of the Hong Kong National Security Law (HKNSL) and section 2 of the Safeguarding National Security Ordinance (SNSO) clearly stipulate that the principle of the rule of law shall be adhered to in preventing, suppressing and imposing punishment for offences endangering national security. 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 Lai Chee-ying case has nothing to do with freedom of speech and of the press at all
The spokesman pointed out, "These so-called human rights experts have conflated the criminal acts in this case with freedom of speech and of the press, with the purpose of misleading the public and defaming the HKSAR. In fact, the Lai Chee-ying case has nothing to do with freedom of speech and of the press at all. Over the years, the defendants were using journalism as a guise to commit acts that brought harm to our country and Hong Kong.
"The public trial of this case revealed Lai Chee-ying's close management and hands-on control of the editorial direction of Apple Daily. Lai Chee-ying had repeatedly and personally colluded with foreign forces, begging for sanctions and hostile actions against the Central Authorities and the HKSAR Government. The court clearly pointed out that Lai Chee-ying's only intent, whether pre or post HKNSL, was to seek the downfall of the Communist Party of China, even though the ultimate cost was the sacrifice of the interests of the people of the People's Republic of China and the HKSAR.
"Anyone who vilify the rule of law and human rights situation in the HKSAR using this case is fact-twisting and has no integrity at all. We have to emphasise that the HKNSL and the SNSO clearly stipulate that human rights shall be respected and protected in safeguarding national security. The rights and freedoms, including the freedoms of the press, of speech and of publication, 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 applied to the HKSAR, are protected in accordance with the law. However, like all other places in the world, journalists, like everyone else, have an obligation to abide by all the laws. According to the principles established by Article 19 of the ICCPR, the European Convention on Human Rights and relevant jurisprudence, when the media and journalists publish opinions, information and articles, they must observe and discharge 'special duties and responsibilities', including the protection of national security and public order; journalists must, in accordance with the tenets of 'responsible journalism', act in good faith on an accurate factual basis and provide reliable and precise information, so as to be entitled to the protection of freedom of speech and press freedom."
The spokesman reiterated, "The HKSAR Government will continue to resolutely, fully and faithfully implement the HKNSL, 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, whilst upholding the rights and freedoms of Hong Kong residents in accordance with the law, so as to ensure the steadfast and successful implementation of the principle of 'one country, two systems'. The HKSAR Government urges the relevant so-called human rights experts to understand the facts clearly and stop making any unfounded criticisms."
Source: AI-found images
