6 June 2016
Two illegal workers comprising one Pakistani and one Indonesian, each holding recognisance forms, were jailed at Shatin Magistrates' Courts and Fanling Magistrates' Courts on June 3 and 4.
During an anti-illegal worker operation mounted on June 1, Immigration Department (ImmD) investigators found one male Pakistani worker aged 28 working as a loading worker in a warehouse in Kwai Chung while a female Indonesian worker aged 40 was found working as a waitress in a restaurant in Causeway Bay. Upon identity checking, they were found to be non-refoulement claimants and holders of recognisance forms issued by ImmD, which prohibit them from taking any employment for inspection.
The two arrestees were each charged with taking employment after landing in Hong Kong unlawfully and remaining in Hong Kong without the authority of the Director of Immigration or while being a person in respect of whom a removal order or deportation order was in force. They pleaded guilty to the charge and were sentenced to 15 months' imprisonment.
The ImmD spokesman warned that, as stipulated in section 38AA of the Immigration Ordinance, illegal immigrants or people who are the subject of a removal order or a deportation order are prohibited from taking any employment, whether paid or unpaid, or establishing or joining in any business. Offenders are liable upon conviction 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 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.