Hong Kong Customs combats unfair trade practices by fitness centre
Hong Kong Customs today (March 27) mounted a special enforcement operationto combat unfair trade practices by a fitness centreand arrested two staff members of a chain fitness centre suspected of engaging in aggressive commercial practices in the course of selling fitness services, in contravention of the Trade Descriptions Ordinance (TDO).
Customs officers earlier received information that staff members of a chain fitness centre in Mong Kok separately enticed two customers to visit the fitness centre on the pretext of claiming a prize and redeeming gifts. Subsequently, the staff members forced the customers to make payments and sign fitness service contracts before allowing them to leave. The staff members were suspected of imposing undue influence and using aggressive commercial practices to force the customers to procure fitness services.
After an investigation, Customs officers today arrested a 30-year-old man and a 31-year-old woman. The investigation is ongoing.
Customs reminds traders to comply with the requirements of the TDO and urges consumers to procure services at reputable shops. Before making any purchase decision, consumers should be cautious when providing their identity cards or credit cards to salespersons. Consumers should firmly refuse to sign any documents if they do not clearly know the content and charges of the services, or have no intention of purchasing the services.
Under the TDO, any trader commits an offence of engaging in aggressive commercial practices if harassment, coercion or undue influence is used to impair a consumer's freedom of choice or conduct, causing the consumer to make a transactional decision. The maximum penalty upon conviction is a fine of $500,000 and imprisonment for five years.
Stressing its priority given to consumer rights protection and its zero tolerance for unfair trade practices by fitness centres, Customs pledges that it will continue its stringent enforcement action against unscrupulous traders.
Members of the public may report any suspected violation of the TDO 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).
Source: AI-found images
Five 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 "Windsand" and "Champion" from March 20 to yesterday (March 26). A total of four suspected illegal workers and one suspected aider and abettor were arrested.
ImmD officers found that social media platforms have been utilised by Mainland makeup artists to advertise makeup services in Hong Kong. After a comprehensive investigation and intelligence analysis, ImmD officers identified a suspect and initiated an operation. Officers disguised themselves as customers to enquire about and book makeup services from a Mainland makeup artist. The makeup artist was subsequently arrested while providing makeup service in Hong Kong. The arrested illegal worker is a woman, aged 27.
During the anti-illegal worker operations, ImmD officers also raided multiple target locations including restaurants, retail stores and flats under renovation, etc. Three suspected illegal workers and a suspected aider and abettor were arrested. The arrested suspected illegal workers comprised one man and two women, aged 35 to 57. Among them, one man was suspected of using and being in possession of a forged Hong Kong identity card. Furthermore, the suspected aider and abettor arrested was a man aged 31.
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 185 185, fax at 2824 1166, emailanti_crime@immd.gov.hk, or submit the "Online Reporting of Immigration Offences" form atwww.immd.gov.hk.
Five persons arrested during anti-illegal worker operations Source: HKSAR Government Press Releases
