12 individuals jailed throughout anti-illegal employee operations (with image)
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The Immigration Department (ImmD) installed a series of territory-wide anti-illegal employee operations, consisting of a joint operation with the Hong Kong Police Force codenamed “Champion”from September 9 to the other day (September 11). An overall of 10 presumed prohibited employees, one believed company and one overstayer were detained.
Throughout the anti-illegal employee operation, ImmD Task Force officers robbed a laundry factory. 8 presumed prohibited employees and one believed company were jailed. The apprehended thought prohibited employees consisted of 3 males and 5 females, aged 29 to 48. The 52-year-old female, who was believed of using the unlawful employees, was likewise apprehended.
Throughout operation “Champion”enforcement officers robbed 102 target areas in Hung Hom, Kowloon City and Western districts. 2 believed prohibited employees and one overstayers were jailed. The jailed presumed prohibited employees consisted of 2 guys, aged 48 and 52. The apprehended overstayer was a lady aged 49.
An examination into the presumed companies is continuous, and the possibility of more arrests is not dismissed.
An ImmD representative stated, “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.”
The representative cautioned, “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 any business. Offenders are liable upon conviction to a maximum fine of $50,000 and up to three years’ imprisonment. As stipulated in section 20(1)(a) of the Immigration Ordinance, the Chief Executive may make a deportation order against an immigrant, prohibiting the immigrant from being in Hong Kong at any time thereafter if the immigrant has been found guilty in Hong Kong of an offence punishable by imprisonment for not less than two years.”
The representative worried that it is a major offense to use individuals who are not legally employable. Under the Immigration Ordinance, the optimum charge for a company utilizing an individual who is not legally employable, i.e. a prohibited immigrant, an individual who is the topic of an elimination order or a deportation order, an overstayer or an individual who was declined authorization to land, has actually been substantially increased from a fine of $350,000 and 3 years’ jail time to a fine of $500,000 and 10 years’ jail time to show the gravity of such offenses. The director, supervisor, secretary, partner, and so on, of the business worried might likewise bear criminal liability. The High Court has actually put down sentencing standards that the company of a prohibited employee must be provided an instant custodial sentence.
According to the court sentencing, companies need to take all practicable actions to figure out whether an individual is legally employable previous to work. Apart from examining a potential worker’s identity card, the company has the specific responsibility to make queries concerning the individual and make sure that the responses would not cast any affordable doubt worrying the legal employability of the individual. The court will decline failure to do so as a defence in procedures. It is likewise an offense if a company stops working to examine the task candidate’s legitimate travel file if the task applicant does not have a Hong Kong long-term identity card. Transgressors are responsible upon conviction to an optimum fine of $150,000 and to jail time for one year. Because connection, the spokesperson wants to advise all companies not to defy the law by utilizing unlawful employees. The ImmD will continue to take undaunted enforcement action to fight such offenses.
Under the existing system, the ImmD will, as a standard operating procedure, perform a preliminary screening of susceptible individuals, consisting of unlawful employees, prohibited immigrants, sex employees and foreign domestic assistants, who are jailed throughout any operation with a view to determining whether they are trafficking face to faces (TIP) victims. When any TIP indication is exposed in the preliminary screening, the ImmD officers will perform a complete debriefing and recognition by utilizing a standardised list to establish the existence of TIP aspects, such as dangers and browbeating in the recruitment stage and the nature of exploitation. Determined TIP victims will be offered with numerous kinds of assistance and support, consisting of immediate intervention, medical services, counselling, shelter or short-term lodging and other supporting services. The ImmD gets in touch with TIP victims to report criminal offenses to the pertinent departments right away.