16 January 2015
A territory-wide enforcement operation codenamed "Twilight" and joint operations codenamed "Windsand" were mounted by the Immigration Department and the Hong Kong Police Force on January 14 and 15 to combat illegal employment activities. A total of 32 illegal workers and two suspected employers were arrested.
During operation "Twilight" on January 15, officers of the Immigration Task Force raided six target locations, namely a stall, residential flats and a restaurant. Five illegal workers comprising two men and three women aged 27 to 62 were arrested, Among them, two women were suspected of being in possession of and using a forged Hong Kong identity card. Two men aged 39 and 55 were suspected of employing the illegal workers.
During the operations "Windsand" on January 14 and 15, nine men and 18 women aged 26 to 64 were arrested for breaching their conditions of stay by being involved in suspected parallel goods trading at Castle Peak Road - San Tin in Lok Ma Chau as well as Ka Fu Close, Po Wan Road and Advanced Technology Centre in Sheung Shui. The goods included milk powder, daily necessities, food, skin-care products, red wine, mobile phones and other electronic products.
Since September 2012, a number of "Windsand" operations have been conducted, during which a total of 1,833 Mainlanders and 14 Hong Kong residents were arrested for suspected involvement in parallel goods trading. Of these, 212 Mainlanders were prosecuted for breach of conditions of stay, while the remaining 1,621 people were repatriated. Among those prosecuted, 202 out of 212 were sentenced to imprisonment for four weeks to three months and charges were withdrawn for another 10 people.
"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. Aiders and abettors are also liable to prosecution and penalties. The Immigration Department will continue to take enforcement action with related law enforcement departments against the offences concerned," an Immigration Department spokesman said. The spokesman warned that it is an offence to use or possess a forged Hong Kong identity card. Offenders are liable to prosecution and a maximum penalty of a $100,000 fine and up to 10 years' imprisonment.
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.