Hong Kong Customs seizes tortoises and lizards of suspected scheduled endangered species
Hong Kong Customs today (March 13) seized 14 tortoises and 25 lizards of suspected scheduled endangered species, with a total estimated market value of about $780,000, at Hong Kong International Airport.
A 26-year-old male passenger arrived in Hong Kong from South Africa via Dubai yesterday (March 12). He was intercepted for customs clearance at the arrivals hall of the airport. Customs officers found the batch of tortoises and lizards in two items of clothing and three plastic bottles inside his check-in baggage. Upon inspection by officers of the Agriculture, Fisheries and Conservation Department (AFCD), the batch of tortoises and lizards was suspected to be endangered species listed in the Convention on International Trade in Endangered Species of Wild Fauna and Flora and regulated under the Protection of Endangered Species of Animals and Plants Ordinance (Cap. 586) in Hong Kong.The man was subsequently arrested by Customs officers. The case was handed over to the AFCD for follow-up investigation.
The arrested man will be charged by the AFCD with one count of illegal import of an Appendix II species and one count of cruelty to animals.
Under the Protection of Endangered Species of Animals and Plants Ordinance, any person importing, exporting or possessing specimens of endangered species not in accordance with the Ordinance commits an offence and will be liable to a maximum fine of $10 million and imprisonment for 10 years upon conviction with the specimens forfeited.
Also, according to the Prevention of Cruelty to Animals Ordinance (Cap. 169), any person who, by wantonly or unreasonably doing or omitting to do any act, causes any unnecessary suffering to any animal commits an offence and will be liable to a maximum fine of $200,000 and imprisonment for three years upon conviction.
Members of the public may report any suspected smuggling activities to Customs' 24-hour hotline182 8080or its dedicated crime-reporting email account (crimereport@customs.gov.hk) or online form (eform.cefs.gov.hk/form/ced002).
Hong Kong Customs today (March 13) seized 14 tortoises and 25 lizards of suspected scheduled endangered species at Hong Kong International Airport. Photo shows some of the suspected scheduled endangered lizards seized. Source: HKSAR Government Press Releases
Hong Kong Customs today (March 13) seized 14 tortoises and 25 lizards of suspected scheduled endangered species at Hong Kong International Airport. Photo shows some of the suspected scheduled endangered tortoises seized. Source: HKSAR Government Press Releases
17 persons arrested during anti-illegal worker operations
The Immigration Department (ImmD) mounted a series of territory-wide anti-illegal worker operations codenamed "Twilight", a joint operation with the Food and Environmental Hygiene Department and the Leisure and Cultural Services Department codenamed "Flabbergast", and joint operations with the Hong Kong Police Force codenamed "Champion" from March 6 to yesterday (March 12).
During the anti-illegal worker operations, investigators raided multiple target locations including restaurants and warehouses.Twelve suspected illegal workers, four suspected employers and one overstayer were arrested. The arrested suspected illegal workers comprised one man and 11 women, aged 27 to 62. Among them, three women were holding recognisance forms which prohibit them from taking any employment, and four women were suspected of using and being in possession of a forged Hong Kong identity card. Three men and one woman, aged 42 to 67, 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) 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, fax at 2824 1166, email anti_crime@immd.gov.hk, or submit the "Online Reporting of Immigration Offences" form at www.immd.gov.hk.
17 persons arrested during anti-illegal worker operations Source: HKSAR Government Press Releases
