3 May 2016
Five illegal workers holding Immigration recognisance forms comprising three Pakistani illegal immigrants and two Vietnamese illegal immigrants were jailed at Shatin Magistrates' Courts and Fanling Magistrates' Courts on April 29 and 30.
During a joint operation with the Hong Kong Police Force codenamed "Champion" conducted on April 5, enforcement officers carried out raids at Tung Choi Street and Soy Street in Mong Kok district. Three male Pakistani workers aged 27 to 44 were found setting up stalls. Upon identity checking, they produced for inspection recognisance forms issued by the Immigration Department (ImmD), which prohibit them from taking up employment, and further investigation revealed that they were non-refoulement claimants.
In addition, during an anti-illegal worker operation conducted on April 28, Immigration Task Force officers raided a factory in Kwai Chung. Two male Vietnamese workers aged 20 and 24 were found packing plastic bottles. Upon identity checking, they produced for inspection recognisance forms issued by the ImmD, which prohibit them from taking up employment, and further investigation revealed that they were non-refoulement claimants. The two arrestees were also suspected of using and being in possession of forged Hong Kong identity cards.
The five arrestees were charged with taking up employment while being a person who remains in Hong Kong without the authority of the Director of Immigration after having landed in Hong Kong unlawfully or being a person in respect of whom a removal order was in force. Among them, two were charged with using a forged identity card. After the trial, they were sentenced to 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.