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| Some of the suspected illegal workers arrested during the operation. |
Three foreign domestic helpers– who are prohibited from
working outside the homes of their employers -- and one former FDH who has overstayed
her visa, were among 10 people arrested today for illegal work in raids
conducted by the Immigration Department.
Arrested with them for working illegally were three persons who were holders of recognizance forms, which prohibit them from taking up employment in Hong Kong.
Another two women and one man, aged 23 to 69, were also arrested
for employing these workers for various jobs, including dishwashing and food
processing.
Immigration said the arrested were made during a
territory-wide anti-illegal worker operation codenamed "Swordfish.
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| PINDUTIN PARA SA DETALYE |
It said investigators raided over 10 target locations
including restaurants, retail shops, employment agencies, industrial buildings
and financial companies
In a statement, Immigration emphasized that an FDH should
only perform domestic duties for the employer specified in their contract. An
FDH should not take up any other employment, including part-time domestic
duties, with any other person. The employer should not require or allow the FDH
to carry out any work for any other person.
Immigration said, "Any person who contravenes a
condition of stay in force in respect of him or her shall be guilty of an
offence. Also, visitors are not allowed to take 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. Aiders and abettors are also liable
to prosecution and penalties."
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It also warned:
"As stipulated in section 38AA of the Immigration Ordinance, 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."
Immigration said it is a serious offence to employ people
who are not lawfully employable.
“Under the Immigration Ordinance, the maximum penalty for an
employer employing a person who is not lawfully employable, i.e. 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, has been
significantly increased from a fine of $350,000 and three years' imprisonment
to a fine of $500,000 and 10 years' imprisonment to reflect the gravity of such
offences. The director, manager, secretary, partner, etc, of the company
concerned may also bear criminal liability.”
It said employers must take all steps to determine whether a
person is lawfully employable. Apart from inspecting a prospective employee's
identity card, the employer must make enquiries to remove any doubt that the
person can be legally employed.
“The court will not accept failure to do so as a defense in
proceedings,” Immigration said. “It is also an offense 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.”
According to the High Court sentencing guidelines, offenders
are liable upon conviction to a maximum fine of $150,000 and to imprisonment
for one year.
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| PADALA NA! |
