Category: MIL-OSI

Addenda to Code of Practice for Bamboo Scaffolding Safety and Code of Practice for Metal Scaffolding Safety gazetted           
     The addenda to the CoPs can be downloaded from the LD website (www.labour.gov.hk/eng/public/content2_8b.htmIssued at HKT 9:00

Immigration Department repatriates 33 unsubstantiated non-refoulement claimants to their places of origin  
     The ImmD is very concerned about the abuse of the non-refoulement claim mechanism and is aware that a number of claimants were former foreign domestic helpers. The ImmD has been co-operating with the relevant consulates-general in Hong Kong and will continue such co-operation to step up publicity and education for newly arriving foreign domestic helpers to help them understand that they should not abuse the non-refoulement claim mechanism.
 
     Under the updated removal policy effective from December 7, 2022, the ImmD may generally proceed with the removal of a claimant whose judicial review case has been dismissed by the Court of First Instance of the High Court, thereby enhancing the efficiency of and efforts in removing unsubstantiated claimants.  
 
     The ImmD will continue to explore different feasible solutions to expedite the repatriation of unsubstantiated non-refoulement claimants, and will actively co-ordinate with relevant authorities to optimise repatriation routes and the operation process. The ImmD will actively maintain close liaison with governments of major source countries of non-refoulement claimants, airline companies and other government departments to repatriate unsubstantiated non-refoulement claimants from Hong Kong as soon as practicable through all appropriate measures.
 
Issued at HKT 19:00

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Hong Kong Customs detects illegally importing animal case in sixth phase of “Pet Guardian” operation (with photo)      
     Hong Kong Customs yesterday (July 30) at Sha Tau Kok spotted a local male and a local female entering Hong Kong through the Chung Ying Street Checkpoint from the Mainland side of Chung Ying Street. Customs officers then took action and found a cat inside the backpack carried by the male. The 15-year-old male and the 45-year-old female, who was suspected to be connected with the case, were subsequently arrested.
      
     An investigation of the case is ongoing and the cat has been handed over to the Agriculture, Fisheries and Conservation Department for follow-up action.
      
     Being a government department specifically responsible for tackling smuggling, Customs will continue to enhance co-operation and intelligence exchanges with other law enforcement agencies, and carry out targeted anti-smuggling operations at suitable times to disrupt relevant crimes.
      
     Customs reminds the public that importing animals into Hong Kong without a valid permit is an offence.
      
     Under the Rabies Regulation, any person found guilty of illegally importing animals, carcasses or animal products is liable to a maximum fine of $50,000 and imprisonment for one year upon conviction.
Issued at HKT 16:30

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32 persons arrested during anti-illegal worker operations  
      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 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. 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.hIssued at HKT 19:01

Appointments to Appeal Panel under Property Management Services Ordinance (Cap. 626) 
     The membership list of the Appeal Panel with effect from August 1 is as follows:

Chairperson
———-
Ms Carol Chan Shui-man #
 
Members
———-
Mr Eric Chow Chun-hin *
Mr Mac Chan Ho-ting *
Ms Natasha Yu *
Dr Wong Cho-yuk #
Ms Patricia Chang Yuk-kam *
Mr Kevin Chu Kai-ming *
Mr Alex Poon King-wo #
Mr Lee Chiu-yu *
Ms Tsang Cheuk-yi *
Mr Wong Wai-shing *
Ms Susan Lau Kwai-yung ** new appointees)Issued at HKT 12:00

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Regular quotas for Hong Kong private cars using HZMB to Macao open for application