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| Immigration officers in action. (File photo) |
The Immigration Department today reiterated its warning to asylum seekers that they are prohibited from accepting work, whether paid or unpaid, and starting or joining a business.
The warning came as ImmD announced the conviction of a Bangladeshi
holding a recognisance form, who was jailed for 15 months by the Shatin
Magistrates' Courts yesterday (September 10).
The Bangladeshi, aged 51, had earlier pleaded guilty to "taking
employment while being a person in respect of whom a removal order or
deportation order was in force," a violation of the Immigrtion Ordinance.
The man was arrested by Immigration Department (ImmD)
investigators, in an anti-illegal worker operation on July 28, for doing odd
jobs in an office in Mong Kok district.
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“Upon identity checking, he produced a recognisance form
issued by the ImmD for inspection, which prohibits him from taking employment.
A further investigation revealed that he was a non-refoulement claimant,” the
ImmD statement said.
"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," Immd
said.
It also issued a similar warning to employers of these people.
“It is a serious offence to employ people who are not
lawfully employable. Under the Immigration Ordinance, the maximum penalty for
an employer employing a person who is not lawfully employable… has been
significantly increased from a fine of $350,000 and three years' imprisonment
to a fine of $500,000 and 10 years' imprisonment to reflect the gravity of such
offences,” it said.
“The director, manager, secretary, partner, etc, of the
company concerned may also bear criminal liability,” ImmD said.
“The High Court has laid down sentencing guidelines that the
employer of an illegal worker should be given a jail sentence.” it added.
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