The Shatin court took note of the accused's prior convictions in sentencing |
A Pakistani recognizance form holder was ordered jailed for 23 months by a Shatin magistrate on Aug 20 after he was arrested in the act of setting up a stall in Mong Kok.
As the 52-year-old defendant was found to have
similar convictions in the past, he was meted the stiff penalty despite
pleading guilty to illegal work.
He was arrested during a joint operation between the
Immigration Department and the Hong Kong police on July 16.
PINDUTIN DITO |
A check of his identity documents showed he was a
recognizance form holder, which prohibits him from taking employment or setting
up a business.
He was subsequently charged with “taking employment
while being a person in respect of whom a removal order or deportation order
was in force.”
Under section 38AA of the Immigration Ordinance, an illegal
immigrant, a person subject to removal or deportation order, an overstayer or a
person refused permission to land, is prohibited from taking any employment,
whether paid or unpaid, or establishing or joining in any business. Offenders can
be fined up to $50,000 and jailed for up to three years.
Basahin ang detalye! |
Employers of illegal workers are equally liable, and
could be meted the maximum penalty of 10 years in jail and fine of up to $500,000. An immediate custodial sentence is prescribed in the sentencing
guidelines set by the High Court.
The director, manager, secretary or other officers of a company found to have employed an illegal worker may also bear criminal liability.
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