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The Immigration Department yesterday (December 9) arrested 20 illegal workers and six people suspected of employing them during a series of anti-illegal worker operations codenamed "Twilight" and "Powerplayer".
Operation "Twilight" began at 7am and ended at 5pm yesterday. Immigration Task Force officers raided seven target locations in various districts including restaurants, factories and residential units under renovation. In the operation, seven illegal workers and three employers were arrested. The illegal workers comprised four men and three women aged between 27 and 54. Among them, two were holders of recognisance forms, which prohibit employment. Moreover, two men were suspected to have been in possession of forged Hong Kong identity cards. Three men, aged 36 to 73, who were suspected to have employed the illegal workers, were also arrested for enquiries.
The joint enforcement operation "Powerplayer", mounted by the Immigration Department, Police Force and Labour Department, began at 9.30am and ended at 9.30pm yesterday. During the operation, enforcement officers raided 22 workplaces located in the Kowloon East Region, comprising restaurants, a retail shop, factory, electronic refuse depots and residential units under renovation, and arrested 13 illegal workers. The illegal workers comprised eight men and five women aged between 27 and 50. Moreover, one woman was suspected of using and to be in possession of a forged Hong Kong identity card. Two men and one woman, whose ages ranged from 43 to 51, were suspected of employing the illegal workers.
All the illegal workers were detained for questioning.
"Visitors are not allowed to take up 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," an Immigration Department spokesman said.
The spokesman warned that it is an offence for illegal immigrants or people who are the subject of a removal order or a deportation order to take any employment or to establish or join in any business. Offenders are liable to a maximum fine of $50,000 and up to three years' imprisonment. The Court of Appeal has issued a guideline ruling that a sentence of 15 months' imprisonment should be applied in such cases.
The Court also revealed that from 2006 to 2009, illegal immigrants and many overstayers lodged torture claims only after they had been arrested for taking up employment, raising suspicion over the veracity of their claims. A deterrent sentence ensures that illegal immigration will become less attractive with the risk of a long jail term.
The spokesman also warned that it was an offence to use or possess a forged identity card. Offenders are liable to prosecution and a maximum penalty of a $100,000 fine and up to 10 years' imprisonment.
The spokesman also appealed to employers not to employ illegal workers, warning that it was an offence to employ people who are not lawfully employable. The maximum penalty is a fine of $350,000 and imprisonment for three years. It is also an offence if an employer fails to inspect the job seeker's identity card or, if the job seeker does not have a Hong Kong permanent identity card, his/her valid travel document. The maximum penalty for failing to do so is a fine of $150,000 and imprisonment for one year. To deter unlawful employment, the High Court laid down sentencing guidelines in 2004 reaffirming that it was a serious offence to employ someone who was not legally employable, and stating that the employer of an illegal worker should be given an immediate custodial sentence.
Ends/Friday, December 10, 2010
Issued at HKT 18:19
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