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| The raid on Dec 28 during which the 5 illegal workers were arrested |
Five illegal workers,
comprising one Filipino and four Indonesians, were each jailed for 15 months at
Shatin Court on Dec 30, according to information published in the government
website earlier today, Jan. 4.
The five, aged 32 to 47,
were arrested on December 28 while working as dishwashers in a restaurant in
Mong Kok, as part of an Immigration Department’s operation called “Twilight.”
During
identity checks, the Filipina produced for inspection a recognisance form
issued by Immigration, which prohibits her from taking employment. Further
investigation revealed that she was a non-refoulement claimant. She was
sentenced to 15 months in jail.
The
four Indonesians were all found to have overstayed her visas on top of working
illegally. They were sentenced to six to 20 days’ imprisonment for overstaying
and 15 months for illegal work. All sentences are to run concurrently, making a
total of 15 months’ imprisonment.
The
five were among 14 people arrested during a two-day anti-illegal worker
operations conducted by Immigration and the police between Dec 28 and 29. Ten
suspected illegal workers, three suspected employers and one overstayer were
arrested in the operations.
The
territory-wide raids were conducted on premises under renovation, residential
buildings, commercial buildings and restaurants.
The
government statement warns that under 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.
The law
provides a maximum fine of $50,000 and up to three years’ imprisonment. Under a
sentencing guideline issued by the High Court, an immediate custodial sentence
of 15 months is prescribed for all those found guilty of doing illegal work.
Employers
face a heftier penalty of up to 10 years’ imprisonment and a maximum fine of
$500,000.
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