Cross-boundary forgery and illegal worker syndicate shut down by Immigration Department
The Immigration Department (ImmD) neutralised a cross-boundary forgery and illegal worker syndicate, resulting in the arrest of a total of 15 persons, comprising two masterminds, a syndicate member, 11 illegal workers, a suspected Hong Kong resident employer, and the seizure of a large amount of forged Hong Kong identity cards, images and copies of forged Hong Kong identity cards.
In January 2024, ImmD officers intercepted a Mainland visitor at the Lok Ma Chau Spur Line Control Point and seized a forged Hong Kong identity card from the visitor. The Anti-Illegal Migration Agency of the ImmD immediately conducted a follow-up investigation and revealed that the Mainland visitor had taken up dishwashing duties at a restaurant during her stay in Hong Kong, which involved syndicate control. Through intelligence analysis and a comprehensive investigation, investigators successfully identified a cross-boundary forgery and illegal worker syndicate specialising in recruiting Mainlanders to take up illegal employment in Hong Kong. The syndicate recruited Mainlanders on the Mainland via social media to take up illegal employment in Hong Kong, and then arranged for them to come to Hong Kong. The syndicate provided the illegal workers with forged Hong Kong identity cards and accommodation to assist them in taking up dishwashing and cleaning duties in Hong Kong. The syndicate charged the illegal workers intermediary fees, costs for the forged Hong Kong identity cards, and rent for accommodation, with the cumulative amount exceeding $1 million.
ImmD investigators launched an operation code-named "Reveal" from January 2024 to November 2026. Fifteen persons were arrested during the operation, comprising three men and 12 women aged 37 to 64, consisting of one suspected Hong Kong resident employer with the remaining arrestees being Mainland residents. Additionally, five forged Hong Kong identity cards, along with 44 images and copies of forged Hong Kong identity cards, were seized during the operation.
The two syndicate masterminds were earlier charged with offences including conspiracy to make a false instrument, conspiracy to transfer a forged Hong Kong identity card, and aiding and abetting others to breach their conditions of stay. They were sentenced to 29 and 42 months' imprisonment respectively. The syndicate member and illegal workers in the case were also sentenced to imprisonment ranging from 12 to 15 months for offenses including breach of condition of stay, using or possessing a forged Hong Kong identity card and making false representation to an Immigration officer. The investigation is ongoing, and more persons involved in the case may be arrested and prosecuted.
An ImmD spokesman said, "Under the laws of Hong Kong, anyone who uses or possesses a forged identity card commits an offence. Offenders are liable to prosecution and, upon conviction, a maximum penalty of a fine of $100,000 and 10 years' imprisonment. Any person who without lawful authority or reasonable excuse transfers to another person a Hong Kong identity card commits an offence. Offenders are liable to prosecution and, upon conviction, a maximum penalty of a fine of $100,000 and 10 years' imprisonment. Moreover, 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."
The spokesman stressd 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, by fax at 2824 1166, email to anti_crime@immd.gov.hk, or submit the "Online Reporting of Immigration Offences" form at www.immd.gov.hk.
Cross-boundary forgery and illegal worker syndicate shut down by Immigration Department Source: HKSAR Government Press Releases
Cross-boundary forgery and illegal worker syndicate shut down by Immigration Department Source: HKSAR Government Press Releases
