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Repeat offender jailed for 23 months for illegal work

23 August 2024

 

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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