Hong Kong Customs detects case of non-registered precious metals and stones dealer carrying out specified transactions
Hong Kong Customs yesterday (March 9) detected a case involving a local company that conducted transactions of diamond jewellery and diamonds valued at over HK$120,000, without registration under the Dealers in Precious Metals and Stones Regulatory Regime. An investigation is ongoing.
According to the Anti-Money Laundering and Counter-Terrorist Financing Ordinance (Cap. 615), unless exempted, any person who is seeking to carry on a business of dealing in precious metals and stones and engage in any transaction(s) (whether making or receiving a payment) with a total value at or above HK$120,000 in Hong Kong is required to register with Hong Kong Customs. Any dealer, other than a registrant, who claims to be a registrant, claims to be authorised to carry out, or carries out any cash or non-cash transaction(s) with a total value at or above HK$120,000 is liable to a maximum fine of HK$100,000 and imprisonment for six months upon conviction.
Customs reminds dealers in precious metals and stones that they must obtain the relevant registration before they can carry out any cash or non-cash transaction(s) with a total value at or above HK$120,000.
For the forms, procedures and guidelines to submit applications for registration, please visit the website for Dealers in Precious Metals and Stones Registration System (www.drs.customs.gov.hk) or Customs' webpage (www.customs.gov.hk/en/service-enforcement-information/anti-money-laundering/supervision-of-dealers-in-precious-metals-and-ston/index.html).
Members of the public may report any suspected transactions involving precious metals and stones with a total value at or above HK$120,000 conducted without the required registration to Customs' 24-hour hotline 182 8080 or its dedicated crime-reporting email account (crimereport@customs.gov.hk) or online form (eform.cefs.gov.hk/form/ced002).
Hong Kong Customs, Photo source: reference image
Immigration Department arrests 20 persons during operations targeting foreign domestic helpers who breached conditions of stay
The Immigration Department (ImmD) mounted a series of territory-wide anti-illegal worker operations codenamed "Swordfish" for three consecutive days from March 8 to 10, targeting foreign domestic helpers who breached their conditions of stay. A total of 20 persons, including 14 suspected illegal workers and six suspected employers, were arrested.
During the operations, ImmD investigators raided 19 target locations, including restaurants, retail shops, residential care homes for the elderly, guesthouses, industrial and commercial building units and public areas. The arrested suspected illegal workers comprised one man and 13 women, aged 28 to 50. Among them, 11 persons were current helpers, one person was an overstaying ex-helper, one person was permitted to stay in Hong Kong on visitor status, and one person was a holder of a recognisance form, which prohibits her from taking any employment in Hong Kong. The suspected illegal workers were found performing massage, pedicure, dishwashing and kitchen assistant duties. Meanwhile, six suspected employers, comprising one man and five women aged 30 to 60, were owners or persons-in-charge of the companies and restaurants involved. The relevant cases are still under investigation, and the ImmD does not rule out the possibility of further arrests.
"A helper should only perform domestic duties for the employer as listed in the 'Schedule of Accommodation and Domestic Duties' attached to the Contract. The helper should not take up any other employment, including part-time domestic duties, with any other person. The employer should not require or allow the helper to carry out any work for any other person," an ImmD spokesman said.
The spokesman also said, "Any person who contravenes a condition of stay in force in respect of him/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 that, "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 reiterated 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 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, 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 anti_crime@immd.gov.hk, or submit the "Online Reporting of Immigration Offences" form at www.immd.gov.hk.
Immigration Department arrests 20 persons during operations targeting foreign domestic helpers who breached conditions of stay Source: HKSAR Government Press Releases
Immigration Department arrests 20 persons during operations targeting foreign domestic helpers who breached conditions of stay Source: HKSAR Government Press Releases
Immigration Department arrests 20 persons during operations targeting foreign domestic helpers who breached conditions of stay Source: HKSAR Government Press Releases
Immigration Department arrests 20 persons during operations targeting foreign domestic helpers who breached conditions of stay Source: HKSAR Government Press Releases
