Migration Department jails 16 individuals throughout operations targeting foreign domestic assistants who breach conditions of stay (with pictures)
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The Immigration Department (ImmD) installed a series of territory-wide anti-illegal employee operations codenamed “Swordfish”for 3 successive days from October 12 to 14, targeting foreign domestic assistants who breached their conditions of stay. An overall of 16 individuals, consisting of 10 thought unlawful employees and 6 believed companies, were apprehended.
Throughout the operation, ImmD detectives robbed 26 target places consisting of dining establishments, guesthouses, retailers and industrial structures. The jailed presumed prohibited employees made up 10 ladies, aged 26 to 43. Amongst them, 5 individuals were present assistants, 3 individuals were overstaying ex-helpers, someone was visitor and a single person was discovered to be an imported employee. ImmD detectives discovered the majority of the believed prohibited employees at dining establishments or guesthouses carrying out dishwashing, cleansing, and so on. 6 thought companies, consisting of 5 guys and one lady, aged 41 to 63.
“A helper should only perform domestic duties for the employer as listed in the “Arrange of Accommodation and Domestic Duties” attached to the Contract. The helper should not take up any other employment, including part-time domestic duties, with any other person. The employer should not require or allow the helper to carry out any work for any other person,” an ImmD spokesperson stated.
The representative likewise stated, “Any person who contravenes a condition of stay in force in respect of him/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.”
In addition, the spokesperson alerted that, “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.”
The representative repeated that it is a severe offense to utilize 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 considerably 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 set sentencing standards that the company of an unlawful employee need to be offered 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 checking a potential staff member’s identity card, the company has the specific task 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 irreversible identity card. Culprits are accountable upon conviction to an optimum fine of $150,000 and to jail time for one year. Because connection, the spokesperson wishes to advise all companies not to defy the law by utilizing prohibited employees. The ImmD will continue to take undaunted enforcement action to fight such offenses.
Under the existing system, the ImmD will, as a guideline, carry out a preliminary screening of susceptible individuals, consisting of prohibited employees, unlawful immigrants, sex employees and foreign domestic assistants who are jailed throughout any operation with a view to establishing whether they are trafficking face to faces (TIP) victims. When any TIP sign is exposed in the preliminary screening, the officers will perform a complete debriefing and recognition by utilizing a standardised list to determine the existence of TIP aspects, such as risks and browbeating in the recruitment stage and the nature of exploitation. Recognized TIP victims will be offered with different kinds of assistance and support, consisting of immediate intervention, medical services, counselling, shelter, short-term lodging and other supporting services. The ImmD gets in touch with TIP victims to report criminal activities to the pertinent departments right away.
For reporting prohibited work activities, please call the devoted hotline 3861 5000, by fax at 2824 1166, e-mail to anti_crime@immd.gov.hk, or send “Online Reporting of Immigration Offences” kind at www.immd.gov.hk.