Source: Hong Kong Government special administrative region – 4
A 46-year-old Mainland female resident, charged with two counts of conspiracy to make a false instrument, was convicted and sentenced to 17 months’ imprisonment by the District Court today (August 28).
During a follow-up investigation into a case of suspected use of forged Hong Kong identity cards for illegal employment in Hong Kong by the Immigration Department (ImmD), it was suspected that the defendant had provided forged Hong Kong identity cards to assist Mainland residents in taking up illegal employment in Hong Kong. Through comprehensive investigation and intelligence analysis, investigators arrested the defendant and images of forged Hong Kong identity cards were found in the defendant’s mobile phone, including an image of her forged Hong Kong identity card. The defendant admitted under caution that she had obtained an image of a forged Hong Kong identity card which bore her portrait and name from an agent in order to seek employment in Hong Kong in 2024. Besides, the defendant admitted under caution that she had received $10,000 from a Mainland resident as remuneration for arranging the production of an image of a forged Hong Kong identity card and assisting the Mainland resident in seeking employment in Hong Kong.
The defendant was subsequently charged with two counts of conspiracy to make a false instrument. After trial, the defendant was convicted and sentenced to 17 months’ imprisonment today.
The illegal workers in the case were previously convicted of offences including breach of condition of stay and possession of forged identity cards, and sentenced to 15 months’ imprisonment. Moreover, using the same tactic, the defendant provided a forged Hong Kong identity card and arranged another Mainland resident to take up illegal employment in Hong Kong earlier. In November 2024, the defendant was convicted of offences including aiding and abetting others to possess a forged identity card, and sentenced to 12 months’ imprisonment by the Shatin Magistrates’ Courts.
The 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 an 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. Furthermore, it is an offence to make, possess or use false instruments. Upon conviction, offenders are liable to a maximum penalty of 14 years’ imprisonment.”
The spokesman warned, “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, “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.
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 stating 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 this 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.