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An illegal worker holding an Immigration recognisance form, which prohibits her from taking employment, was jailed by Sha Tin Magistrates' Court yesterday (May 18).
During an anti-illegal worker operation on May 13, a 30-year-old woman was found washing dishes in the kitchen of a restaurant in Mong Kok. Upon an identity check, she failed to produce any identification document but claimed that she had left her Hong Kong identity card at home in Hung Hom. She was then escorted to her home. She produced a recognisance form for inspection. A forged Hong Kong identity card with a photo resembling her facial appearance was found in her wardrobe.
Investigations revealed that she was a former foreign domestic helper who was arrested and detained in May 2009 for overstaying, breaching her condition of stay. She later lodged a torture claim and an asylum claim in June 2009. A removal order was served on her in June 2009, then she was released on recognisance in July 2009. Later, she used her friend's Hong Kong identity card to secure a job at the said restaurant. After the job interview, she returned the said Hong Kong identity card to her friend. In April 2010, she asked a middleman to arrange a forged Hong Kong identity card for her at a cost of $4,000.
She pleaded guilty on one count of taking employment while being a person in respect of whom a removal order was in force, one count of using an identity card relating to another person, and one count of having in her custody a forged identity card. She was sentenced to imprisonment of 18 months and 14 days.
"It is an offence for illegal immigrants or people who are the subject of a removal order or a deportation order to take up employment, whether paid or unpaid, or to establish or join in any business. Offenders are liable to a fine of $50,000 and to imprisonment for three years," an Immigration Department spokesman said.
The spokesman also warned that it was an offence in law for any person to use or have in his custody or possession an identity card which related to another person. Offenders are liable to prosecution and a maximum penalty of a $100,000 fine and imprisonment for 10 years.
Under the laws of Hong Kong, anyone who, without lawful authority or reasonable excuse, uses or has in his custody or possession a forged identity card is liable to prosecution. The maximum penalty is a fine of $100,000 and imprisonment for 10 years.
Ends/Wednesday, May 19, 2010
Issued at HKT 18:14
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