Pakistani illegal worker and Hong Kong resident employer jailed

2 June 2016

A Pakistani illegal worker holding an immigration recognisance form and a Hong Kong resident employer have been jailed for illegal employment at Shatin Magistrates' Courts.
In March this year, Immigration Department (ImmD) investigators received a referral from the Hong Kong Police Force to further investigate an illegal employment case. Enforcement officers raided a village house in Tuen Mun. A male Pakistani worker, aged 48, was found undertaking renovation work at the premises. During investigation, he was found to be a holder of a recognisance form issued by ImmD, which prohibits him from taking employment, and it was revealed that he was a non-refoulement claimant. In addition, a male Hong Kong resident, aged 59, was arrested after investigation for employing the illegal worker.
The Pakistani illegal worker was charged at Shatin Magistrates' Court yesterday (June 1) with taking 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. He pleaded guilty to the charge and was sentenced to 15 months' imprisonment. Furthermore, the employer also pleaded guilty to the charge of being an employer of a person who is not lawfully employable and was sentenced to two months' imprisonment at Shatin Magistrates' Court on May 4.
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.