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A joint enforcement operation codenamed "Champion" was mounted by the Immigration Department, the Police and the Labour Department on April 18 in Kowloon West Region to combat illegal employment activities. Fifteen illegal workers and seven people suspected of employing them were arrested.
During the operation, enforcement officers raided 73 targeted workplaces including restaurants, a foot reflexology centre, temporary stalls, retail shops and premises under renovation or decoration. After checking 101 people's identity documents, 15 illegal workers were arrested, comprising 10 men and five women aged 18 to 57. Among them, five were holders of recognisance forms, which prohibit employment. Five men and two women, whose ages ranged from 20 to 57, 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 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, such as a lengthy jail term, ensures that illegal immigration will be less attractive.
The spokesman also appealed to employers not to employ illegal workers, warning that it is 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 or 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 is a serious offence to employ someone who is not legally employable, and stating that the employer of an illegal worker should be given an immediate custodial sentence.
Ends/Thursday, April 19, 2012
Issued at HKT 16:46
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