Source: Hong Kong Government special administrative region – 4
The Immigration Department (ImmD) mounted a series of territory-wide anti-illegal worker operations codenamed “Twilight”, “Puncture”, “Silver Wing”, a joint operation with the Food and Environmental Hygiene Department and the Leisure and Cultural Services Department codenamed “Flabbergast”, joint operations with the Hong Kong Police Force and the Labour Department codenamed “Powerplayer” and joint operations with the Hong Kong Police Force codenamed “Champion” and “Windsand” from April 10 to yesterday (April 16).
During the anti-illegal worker operations, investigators raided multiple target locations including warehouses, retail stores and commercial buildings, etc. Twenty-one suspected illegal workers and 11 suspected employers were arrested. The arrested suspected illegal workers comprised nine men and 12 women, aged 32 to 63. Among them, two women were suspected of using and being in possession of a forged Hong Kong identity card. Seven men and four women, aged 30 to 58, were suspected of employing the illegal workers and were also arrested. An investigation into the suspected employers is ongoing, and the possibility of further arrests is not ruled out.
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. Moreover, after entry into the Hong Kong Special Administrative Region, an imported worker admitted on an employment condition must remain under the direct employment of the same employer for the specified job and in the specific workplace(s) as stipulated in the Standard Employment Contract, and cannot be employed by other companies or subcontractors. Change of the employer, post or place of work (unless stipulated in the Standard Employment Contract) is not permitted. 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. 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, email anti_crime@immd.gov.hk, or submit the “Online Reporting of Immigration Offences” form at www.immd.gov.hk.