17 March 2016
A Vietnamese illegal worker holding an Immigration recognisance form, which prohibits her from taking employment, was jailed at Sha Tin Magistrates' Courts today (March 17).
During an anti-illegal worker operation mounted by the Immigration Department (ImmD) on March 15, a 52-year-old woman was found washing dishes in the kitchen of a restaurant in Tuen Mun. Upon an identity check, she produced a recognisance form issued by ImmD for inspection but failed to produce another identification document. A copy of a forged Hong Kong identity card with a photo resembling her facial appearance was found by the investigators in the restaurant.
During the investigation, the female admitted to have entered Hong Kong as a visitor in August last year. She surrendered to ImmD as an overstayer in December and was released on recognisance after lodging a non-refoulement claim. She subsequently obtained a forged Hong Kong identity card for job seeking and then presented the forged Hong Kong identity card in the job interview of the restaurant.
The female was charged at Sha Tin Magistrates' Courts today with one count of use of a forged Hong Kong identity card and one count of breach of conditions of stay. She pleaded guilty to both charges and she was sentenced to 15 months' imprisonment and two months' imprisonment, which are to be run concurrently.
"Any person who contravenes a condition of stay in force in respect of him shall be guilty of an offence. Also, 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. In addition, anyone who 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," an ImmD spokesman said.