Thirty-one arrested in anti-illegal worker operations
"The Immigration Department mounted a series of anti-illegal worker operations
yesterday (February 28) and arrested 27 illegal workers and four people
suspected of employing them.
During a territory-wide operation codenamed
"Twilight", Immigration Task Force Officers raided seven target locations in
various districts, including restaurants, a commercial unit under renovation and
a residential unit under renovation. The illegal workers comprised seven men and
three women aged 25 to 46. One of those arrested held a recognisance form, which
prohibits employment.
One woman was suspected ofusing and in possession
of a forged Hong Kong identity card. Two men and two women, whose ages ranged
from 30 to 54, were suspected of employing the illegal
workers.
Meanwhile, a joint enforcement operation codenamed "Champion"
was mounted by the Immigration Department, Police Force and Labour Department in
the New Territories South Region, also to combat illegal employment activities.
During the operation, law enforcement officers visited 42 locations in Kwai
Chung and Tsuen Wan districts and checked the identity documents of 90 people,
resulting in the arrest of 17 illegal workers comprising nine men and eight
women, aged between 21 and 55.
All the illegal workers were detained for
questioning.
"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 Immigration
Department spokesman said.
The spokesman warned that it is an offence for
illegal immigrants or people who are the subject of a removal order or a
deportation order to take any employment or to establish or join in any
business. Offenders are liable 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
Court also revealed that from 2006 to 2009, illegal immigrants and many
overstayers lodged torture claims only after they had been arrested for taking
up employment, raising suspicion over the veracity of their claims.A deterrent
sentence ensures that illegal immigration will become less attractive with the
risk of a long jail term.
The spokesman also warned that it was an
offence to use or possess a forged identity card.
Offenders are liable to
prosecution and a maximum penalty of a $100,000 fine and up to 10 years'
imprisonment.
The spokesman also appealed to employers not to employ
illegal workers, warning that it was 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/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 was a serious offence to employ someone who was not legally
employable, and stating that the employer of an illegal worker should be given
an immediate custodial sentence."
Source: HKSAR Government