Operation 'Swordfish' Targets Illegal Workers, Arrests 20 in Hong Kong Crackdown

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

Extension of opening hours and special traffic arrangements of FEHD's columbaria during Ching Ming Festival

The Food and Environmental Hygiene Department (FEHD) today (March 10) announced that in order to facilitate grave sweepers and ease crowding, the opening hours of its columbaria will be extended to 7am to 7pm during the Ching Ming Festival period (i.e. from March 14 to April 19). The department appealed to grave sweepers to avoid grave-sweeping activities during the peak period on the day of the Ching Ming Festival (April 5) and to pay tribute to ancestors over a wider period before and after the festival.

The FEHD also reminded grave sweepers to pay attention to the special traffic and transport arrangements implemented during the Ching Ming Festival. Except for permitted vehicles, all vehicles are prohibited from entering FEHD cemeteries and columbaria while the special traffic and transport arrangements are in operation. Details of the special traffic and transport arrangements in the vicinity of cemeteries and columbaria are available on the Transport Department website (www.td.gov.hk). In addition, the escalator adjacent to the Cape Collinson-San Ha Columbarium has been opened for public use.

As heavy usage of joss paper burners (JPBs) at the Tsang Tsui Columbarium and Cape Collinson-San Ha Columbarium is expected during the peak sweeping period, no walk-in queuing for the JPBs will be allowed at both columbaria on Saturdays, Sundays and public holidays during the above-mentioned Ching Ming Festival period. Members of the public are required to make an advance online appointment via the FEHD website (www.fehd.gov.hk/english/cc/notice.html) or obtain a queue ticket on-site on the day of their visit at the two columbaria. For details of the JPB arrangements, please visit the FEHD website.

The FEHD reminds the public that the Shek Mun Columbarium and Garden of Remembrance in Sha Tin commissioned last September implements a "smoke-free worship" environment. Burning of joss sticks and paper offerings is strictly prohibited throughout the premises, and no related facilities are provided. The public is encouraged to pay tribute with fresh flowers instead of traditional offerings to help preserve the peaceful and dignified atmosphere of the site.

Green burial allows the environment to thrive and love to endure. Members of the public can register their wishes for a green burial through the Green Burial Central Register (www.greenburial.gov.hk). Registration is simple and free of charge. Members of the public can also pay tribute to their loved ones through the Internet Memorial Service webpage (www.memorial.gov.hk) and its mobile application. During the Ching Ming Festival, a "Green Burial, Love Living On" exhibition will be held on the G/F of the Tsang Tsui Columbarium. All are welcome to visit free of charge. Throughout the exhibition period, a food kiosk will be set up to provide food and beverages for sale.

Source: AI-found images