by The SUN
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| 4 of those arrested on suspicion of doing illegal work were women |
Immigration officers
have arrested a total of six suspected illegal workers and one suspected
employer in a series of territory-wide swoop conducted between Apr 6 and 7. Their nationalities were not disclosed.
A statement released by Immigration Friday said 81 locations across the city were raided, including food and beverage areas, a food stall, premises under renovation and restaurants.
The suspected illegal workers comprised two men and four women aged 27 to 36. Among them, two men and one woman held recognizance forms, indicating they are torture claimants prohibited from taking up employment.
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A 62-year-old man suspected of employing the three workers was also arrested.
Immigration again warned that anyone who violates their condition of stay, including visitors who take up illegal work, whether paid or unpaid, could be prosecuted and face a maximum fine of $50,000 and imprisonment for up to two years.
The penalty is more severe for illegal immigrants, persons who are subject to a removal or deportation order, overstayer or are refused permission to land. If they are found to have taken up employment, established or joined any business, they could be fined a maximum of $50,000 jailed for up to three years.
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But the heaviest penalty could be imposed on those who employ
people who are not lawfully employable.
Under the Immigration Ordinance, the penalty for employing illegal immigrants, people subject to deportation or removal, overstayers and those refused permission to land, has been increased to $500,000 and 10 years’ imprisonment from the previous $300,000 fine and 3 years in jail.
Officers of a company such as directors, manager, secretary or partner may also be held criminally liable.
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In addition, the High Court has prescribed an immediate custodial sentence for the employer of an illegal worker.
According to the court decision, employers are required to take all practicable steps to determine whether a person is lawfully employable prior to employment. Apart from inspecting the worker’s HKID the employer must also make enquiries to determine the applicant’s lawful employability.
The court said it will not allow an employer’s failure to exercise due diligence in hiring an employee as a defence in cases of prosecution.
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Employers are also obliged to inspect the travel document of a job seeker who does not have a HK ID card. Failure to do this could result in the employer being prosecuted and sentenced to a maximum fine of $150,000 and imprisonment for up to a year.
Given the stricter laws, Immigration said no one should defy the law by employing illegal workers.
Immigration also said that under the existing mechanism it will screen vulnerable workers, illegal immigrants, sex workers and foreign domestic helpers who are arrested during an anti- illegal work operation to ascertain if they are victims of human trafficking.
If after this initial screening there is an indication that the worker is a trafficked person, Immigration will conduct a full debriefing and identification to see whether any trafficking elements are present, such as threats and coercion during recruitment and exploitation.
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All those identified as trafficked victims will be given assistance in the form of urgent intervention, medical services, counselling, shelter and other support services.
Immigration calls on trafficking victims to report to the relevant departments immediately.
