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| Immigration officers with some of those they arrested in anti-illegal work operations. |
Six people were arrested this week for working illegally and four more for employing them, as the Immigration Department continued its crackdown on illegal employment with raids on 55 establishments.
Immigration announced the results of its operations as it reminded employers not to defy the law by employing illegal workers. “The ImmD will continue to take resolute enforcement action to combat such offenses,” it said.
The arrests were made during a series of territory-wide
anti-illegal worker operations codenamed "Lightshadow" and
"Twilight" for four days, from September 26 to September 29.
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| PINDUTIN PARA SA DETALYE |
Immigration Task Force officers raided garbage collection depots, massage parlors, premises under renovation, a recycling yard, restaurants, retail shops, salons, a warehouse and a wet market.
Of the suspected illegal workers, two were men and four
women, aged 36 to 63. Among them, one man was a holder of a recognizance form,
which prohibits him from taking any employment. In addition, one woman was found
in possession of a forged Hong Kong identity card.
Also arrested for employing them were two men and two women, aged 39 to 64.
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An Immigration statement said it is illegal if the work ,
whether paid or unpaid, is done by any visitor, an illegal immigrant, an overstayer
or one covered by a condition of stay, such as a foreign domestic helper.
“Offenders are liable to prosecution and upon conviction
face a maximum fine of $50,000 and up to two years' imprisonment,” it said. “Aiders
and abettors are also liable to prosecution and penalties.”
“Under the prevailing laws, 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 upon conviction face
a maximum fine of $100,000 and up to 10 years' imprisonment," it added.
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Employing people not lawfully employable is also punishable
under the Immigration Ordinance, with the maximum penalty 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 offenses.
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.
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“… employers must take all practicable steps to determine
whether a person is lawfully employable prior to employment,” Immigration said.
“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 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.
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| BASAHIN ANG DETALYE |
“Offenders are liable upon conviction to a maximum fine of
$150,000 and to imprisonment for one year.”
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