23 May 2016
Two Vietnamese illegal workers holding Immigration recognisance forms were jailed at Fanling Magistrates' Courts on May 21.
During anti-illegal employment operations mounted on May 18 and 19, officers of the Immigration Department (ImmD) raided restaurants in the Tsuen Wan and Kwun Tong districts respectively. Two male Vietnamese workers, aged 17 and 29, were found to be a cleaning worker and a dish washing worker respectively. Upon identity checking, they produced for inspection recognisance forms issued by the ImmD, during which the arrestees were suspected of using and being in possession of forged Hong Kong identity cards.
The arrestees were charged at Fanling Magistrates' Court on May 21 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. They pleaded guilty to the charges and were sentenced to 15 months' imprisonment. One of the arrestees was also charged with using false instrument and was sentenced to 16 months' imprisonment. All charges are to run concurrently.
The 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 also warned that it is an offence to use false instrument. Offenders are liable to prosecution and a maximum penalty of up to 14 years' imprisonment.