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Immigration renews warning against illegal work; 18 arrested in latest raids

22 July 2023

 

Some of the arrested workers are taken for investigation 

The Immigration Department today renewed its warning against working illegally as it reported the arrest of 18 people in raids conducted across Hong Kong on July 18-20.

“The ImmD will continue to take resolute enforcement action to combat such offences,” it aid in a press statement.

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In operations codenamed "Lightshadow" and "Twilight", Immigration officers arrested suspected illegal workers and three suspected employers during raids on 58 target locations, including a car park, a garage, industrial buildings, premises under renovation, a residential building and restaurants.

The arrested workers comprised eight men and seven women, aged 25 to 61. Among them, one man and two women were holders of recognisance forms, which prohibit them from taking any employment.

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Two men and one woman, aged 43 to 64, were arrested for employing the workers.

"Any person who contravenes a condition of stay shall be guilty of an offence,” Immigration said. “Also, visitors are not allowed to take up employment in Hong Kong, whether paid or unpaid, without the permission of the Director of Immigration.”

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It added: “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."

Immigration also warned that “an illegal immigrant, a person who is the subject of a removal order or a deportation order, an overstayer or a person who was refused permission to land is 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."

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The penalties for employers of these people are even harsher, it said.

Employing people who are not lawfully employable is punishable by a fine of up to $500,000 and up to 10 years' imprisonment.

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“The director, manager, secretary, partner, etc, of the company concerned may also bear criminal liability. The High Court has laid down sentencing guidelines that the employer of an illegal worker should be given an immediate custodial sentence,” Immigration added.

“… employers must take all practicable steps to determine whether a person is lawfully employable prior to employment,” it said.

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“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 added.  

“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. Offenders are liable upon conviction to a maximum fine of $150,000 and to imprisonment for one year.”

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