Hong Kong's Immigration Department and TIA Arrest Suspected Illegal Worker in Anti-Illegal Employment Operation

Immigration Department and Travel Industry Authority mount joint anti-illegal worker operation

The Immigration Department (ImmD) and the Travel Industry Authority (TIA) today (May 4) mounted a joint anti-illegal worker operation to combat illegal workers providing tourist guide and tour escort services in Hong Kong. A Mainland visitor, who is a suspected illegal worker, was arrested.

As there have been suspected illegal workers utilising social media platforms to advertise tour guide and tour escort services in Hong Kong, the ImmD and the TIA initiated an operation. Officers disguised as customers enquired about and booked services from the suspect. The suspect was subsequently arrested while providing such services in Hong Kong. The arrested illegal worker was a man, aged 27. The ImmD will consider prosecution against him for the offence of breaching conditions of stay.

The ImmD and the TIA have also deployed officers to distribute leaflets to the public and visitors at tourist hotspots, conveying the message of "Don't employ illegal tour escorts or tourist guides".

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 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.

Immigration Department and Travel Industry Authority mount joint anti-illegal worker operation Source: HKSAR Government Press Releases

Immigration Department and Travel Industry Authority mount joint anti-illegal worker operation Source: HKSAR Government Press Releases

Two incoming passengers convicted and jailed for possessing duty-not-paid cigarettes

Two incoming passengers were sentenced to four weeks' imprisonment with a fine of $1,000 and eight weeks' imprisonment with a fine of $1,000 respectively by the Fanling Magistrates' Courts today (May 4) for possessing duty-not-paid cigarettes and failing to declare them to Customs officers, in contravention of Dutiable Commodities Ordinance (DCO).

Customs officers intercepted an incoming 60-year-old male passenger at the Lok Ma Chau Spur Line Control Point yesterday (May 3) and seized 1 781 duty-not-paid cigarettes from him. The estimated market value of the seized cigarettes was about $7,300, and the duty potential was about $5,800. The male passenger was subsequently arrested and was sentenced to four weeks' imprisonment with a fine of $1,000 by the courts today.

In addition, Customs officers intercepted an incoming 43-year-old male passenger, who was accompanied by his child, at the same control point on the same day. Officers discovered that the male passenger had concealed 3 381 duty-not-paid cigarettes, with an estimated market value of about $13,000 and a duty potential of about $11,000, in the backpacks carried by him and his accompanying child. The male passenger was subsequently arrested and was sentenced to eight weeks' imprisonment with a fine of $1,000 by the courts today.

Customs welcomes the sentences, noting that even a first-time offender may still be imprisoned. The custodial sentences have imposed a considerable deterrent effect and reflect the seriousness of the offences. Members of the public should not defy the law.

Customs reminds members of the public that under the DCO, cigarettes are dutiable goods to which the DCO applies. Any person who imports, deals with, possesses, sells or buys illicit cigarettes commits an offence. The maximum penalty upon conviction is a fine of $2 million and imprisonment for seven years.

Members of the public may report any suspected illicit cigarette activities 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).

Two incoming passengers convicted and jailed for possessing duty-not-paid cigarettes Source: HKSAR Government Press Releases

Two incoming passengers convicted and jailed for possessing duty-not-paid cigarettes Source: HKSAR Government Press Releases