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Immigration renews warning against illegal work

01 April 2023

 

Immigration officers display the items seized from suspected illegal workers during the operations

The Immigration Department has renewed its warning against illegal work after its latest operations netted 12 suspected illegal workers, six suspected employers and one suspected aider and abettor.

Immigration mounted territory-wide anti-illegal worker operations codenamed "Lightshadow" and "Twilight", and a joint operation with the Hong Kong Police Force codenamed "Windsand" for four consecutive days, from March 27 to March 30.

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Immigration Task Force officers raided 60 target locations including commercial buildings, a farm, premises under renovation, residential buildings, restaurants, retail shops, a salon and warehouses.

Eleven suspected illegal workers, six suspected employers and one suspected aider and abettor were arrested.

The arrested illegal workers comprised two men and nine women, aged 38 to 70. Among them, four women were holders of recognizance forms, which prohibit them from taking any employment. Three women were suspected of using and being in possession of forged Hong Kong identity cards and one woman was suspected of using and being in possession of a Hong Kong identity card related to another person.

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Another five men and one woman, aged 27 to 63, were suspected of employing the workers while one woman, aged 19, was suspected of aiding and abetting persons who breached their condition of stay in Hong Kong.

During operation "Windsand", one male Mainland visitor, aged 36, was arrested for breaching his condition of stay by being involved in suspected parallel goods trading at Po Wan Road in Sheung Shui district. The goods included cosmetics products and health products.

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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."

 It 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.

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“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.

Immigration also reiterated that it is a serious offence to employ people who are not lawfully employable and punishable by fine of $500,000 and 10 years' imprisonment.

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The High Court has required lower courts to give the employer of an illegal worker an immediate custodial sentence.

 

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