Source: Hong Kong Government special administrative region
Immigration Department arrests 17 persons during operations targeting foreign domestic helpers who breached conditions of stay
During the operations, ImmD investigators raided 21 target locations, including restaurants, retail shops, hair salons, barbecue sites, and industrial and commercial buildings. The arrested nine suspected illegal workers comprised one man and eight women, aged 29 to 50. Among them, two persons were current helpers, three persons were overstaying ex-helpers, three persons were holders of recognisance forms, which prohibit them from taking any employment in Hong Kong, and one person was an imported worker. The suspected illegal workers were found engaging in food and beverage services, grocery shop operations, cleaning duties and hairdressing services. Meanwhile, eight suspected employers, comprising two men and six women aged 26 to 76, were owners or persons-in-charge of the companies and restaurants involved, or the contractual employers of the arrested foreign domestic helpers. The relevant cases are still under investigation, and the ImmD does not rule out the possibility of further arrests.
In addition, to enhance public education, ImmD has released a new publicity video reminding employers not to employ foreign domestic helpers or arrange for them to engage in illegal work. The relevant video will be released on the official social media platforms of the ImmD.
“A helper should only perform domestic duties for the employer as listed in the ‘Schedule of Accommodation and Domestic Duties’ attached to the Contract. The helper should not take up any other employment, including part-time domestic duties, with any other person. The employer should not require or allow the helper to carry out any work for any other person,” an ImmD spokesman said.
The spokesman also said, “Any person who contravenes a condition of stay in force in respect of him/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 reiterated 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.
For reporting illegal employment activities, please call the dedicated hotline 185 185, fax at 2824 1166, email anti_crime@immd.gov.hkIssued at HKT 19:32
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