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| Some of those arrested during the 4-day crackdown |
Six suspected illegal workers and three suspected aiders and abettors of their illegal work were arrested during a four-day sweep conducted by the Immigration Department.
A statement issued Friday by the Department said the arrests were made during a territory-wide anti-illegal work campaign codenamed “Lightshadow” conducted on Oct 31, Nov 1, Nov 3 and Nov. 4.
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| PINDUTIN PARA SA DETALYE |
Immigration officers raided 133 locations in Hung Hom, Kwai Chung, Tin Shui Wai, To Kwa Wan, Tsim Sha Tsui, Tung Chung, Wan Chai and Yau Ma Tei Districts during the operation.
The arrested suspected illegal workers aged 33 to 56 were said to have worked as food delivery workers. All of them were holders of recognisance forms (or those opposing being sent back home) which prohibit them from taking any employment.
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The three men, aged 19 to 50, who were suspected of aiding and abetting the six workers to breach their visa conditions, were also arrested.
Under the Immigration Ordinance, visitors are not allowed to take up employment in Hong Kong, whether paid or unpaid, or establish or join any business, without the permission of the Director of Immigration.
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| PINDUTIN PARA SA DETALYE |
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."
The same prohibition applies to 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. Violators who have any such status face up to three years in jail, and a maximum fine of $50,000.
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Anyone who employs people who are not lawfully employable face a more serious penalty. They could be fined up to $500,000 and jailed for up to 10 years. The director, manager, secretary, partner, etc, of the company concerned may also bear criminal liability.
In addition, according to the High Court, the employer of an illegal worker should be given an immediate custodial sentence.
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| BASAHIN ANG DETALYE |
In this connection, employers are advised to take all practicable steps to determine whether a person is lawfully employable prior to employment. Apart from inspecting a prospective employee's identity card, the employer must make enquiries regarding the applicant to ensure that there is no reasonable doubt concerning the person’s lawful employability.
Moreover, mere failure to inspect the job seeker’s valid travel document if he/she does not have a Hong Kong permanent identity card could make the employer liable to a maximum fine of $150,000 and to imprisonment for one year.
Thus, employers are reminded that they should not defy the law by employing illegal workers.
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