Indian illegal worker jailed

21 April 2016

An Indian illegal worker holding an Immigration recognisance form was jailed at Shatin Magistrates' Courts yesterday (April 20).
 
In an anti-illegal employment operation mounted on April 18, officers of the Immigration Department (ImmD) raided a restaurant in Causeway Bay. A male Indian worker, aged 27, was found cleaning dishes. Upon identity checking, he produced a Hong Kong identity card. After enquiry, he was arrested on suspicion of using and being in possession of a Hong Kong identity card related to another person. Further investigation revealed that he was a holder of a recognisance form issued by the ImmD, which prohibits the holder from taking up employment, and a non-refoulement claimant.
 
He was charged at Shatin Magistrates' Court yesterday with using an identity card relating to another person, and taking up employment in Hong Kong without the authority of the Director of Immigration and while being a person in respect of whom a removal order was in force. He pleaded guilty to the charges and was sentenced to 15 months' imprisonment for each charge to run concurrently, making a total of 15 months' imprisonment.
 
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 up 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 spokesman also warned that it is an offence to use or possess a forged Hong Kong identity card or a Hong Kong identity card related to another person. Offenders are liable to prosecution and a maximum penalty of a $100,000 fine and up to 10 years' imprisonment.