Four persons arrested during anti-illegal worker operation
The Immigration Department (ImmD) mounted an anti-illegal worker operation for two consecutive days on September 27 and today (September 28) to combat illegal workers providing make-up, photo-taking and tour guide services in Hong Kong. Four Mainland visitors, who are suspected illegal workers, were arrested.
ImmD officers found that social media platforms have recently been utilised to advertise make-up, photo-taking and tour guide services in Hong Kong. Afterintelligence analysis and an extensive investigation, ImmD officers identified four suspected persons and initiated an operation. Officers disguised themselves as customers to enquire about and book the services of the target persons. The illegal workers were subsequently arrested while providing the services in Hong Kong. The four arrested illegal workers were women, aged 20 to 31. The ImmD will consider prosecution against them for the offence of breaching conditions of stay.
The ImmD has also deployed officers to distribute leaflets to the public and visitors at tourist hotspots, conveying the message of "Don't employ illegal workers".
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.
Four persons arrested during anti-illegal worker operation Source: HKSAR Government Press Releases
Four persons arrested during anti-illegal worker operation Source: HKSAR Government Press Releases
