13 October 2016
The Immigration Department (ImmD) mounted a series of territory-wide enforcement operations, including operations codenamed "Twilight" and joint operations with other law enforcement agencies codenamed "Champion" and "Windsand" on October 11 and 12 to combat illegal employment activities. A total of 20 illegal workers and four suspected employers were arrested.
During operations "Twilight", Immigration Task Force officers raided 16 target locations including restaurants, elderly care centres, a residential building, warehouses, a construction site and a cement factory. Four illegal workers and two employers were arrested. The four illegal workers comprised one man and three women aged from 24 to 50. Among them, one man was a holder of a recognisance form, which prohibits him from taking any employment. In addition, one man and two women were suspected of using and being in possession of forged Hong Kong identity cards. Two men aged 28 and 59 were suspected of employing the illegal workers.
During operations "Champion", enforcement officers raided six target locations including restaurants, a foot massage centre and a warehouse in Tsing Yi, Yau Ma Tei and Tsim Sha Tsui. Eight illegal workers and two employers were arrested. The eight illegal workers comprised five men and three women aged from 27 to 53. Among them, one woman was suspected of using and being in possession of a forged Hong Kong identity card. Meanwhile, two men aged 52 and 61 were suspected of employing the illegal workers.
During operations "Windsand", eight Mainland visitors comprising two men and six women aged from 22 to 59 were arrested for breaching their conditions of stay by being involved in suspected parallel goods trading at Cambridge Plaza and San Wan Road in Sheung Shui and Castle Peak Road - San Tin in Lok Ma Chau. The goods included milk powder, food, skin-care products, daily necessities, vehicle components and electronic products.
Since September 2012, a number of "Windsand" operations have been conducted, during which a total of 3 070 Mainlanders and 17 Hong Kong residents were arrested for suspected involvement in parallel goods trading. Of these, 232 Mainlanders were prosecuted for breach of conditions of stay, while the remaining 2 838 people were repatriated. Among those prosecuted, 221 were sentenced to imprisonment for between four weeks and three months and one is pending court hearing, while charges were withdrawn for the other 10 people.
"Any person who contravenes a condition of stay in force in respect of him shall be guilty of an offence. Also, 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," an ImmD spokesman said.
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 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.
The spokesman reiterated that it is a serious offence to employ people who are not lawfully employable. The maximum penalty is imprisonment for three years and a fine of $350,000. The High Court has laid down sentencing guidelines that the employer of an illegal worker should be given an immediate custodial sentence. According to the court sentencing, employers must take all practicable steps to determine whether a person is lawfully employable prior to employment. Apart from inspecting a prospective employee's identity card, the employer has the explicit duty to make enquiries regarding the person and ensure that the answers would not cast any reasonable doubt concerning the lawful employability of the person. The court will not accept failure to do so as a defence in proceedings. It is also an offence if an employer fails to inspect the job seeker's valid travel document if the job seeker does not have a Hong Kong permanent identity card. The maximum penalty for failing to inspect such a document is imprisonment for one year and a fine of $150,000.