Migration Department apprehends 21 individuals throughout operations targeting foreign domestic assistants who breached 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 8 successive days from November 4 to 11, targeting foreign domestic assistants (assistant) who breached their conditions of stay. An overall of 21 individuals, consisting of 14 believed prohibited employees and 7 presumed companies, were jailed.
Throughout the operation, ImmD private investigators robbed 47 target areas consisting of dining establishments, retail stores, barbecue website, activity places, employment service, and industrial structure systems. The detained believed prohibited employees made up 3 guys and 11 females, aged 27 to 51. Amongst them, 5 individuals were existing assistants, 4 individuals were overstaying ex-helpers, 2 individuals were holders of recognizance types, which restrict them from taking any work in Hong Kong, 1 individual was imported employee, 1 individual was visitor, and 1 individual was prohibited immigrant. ImmD detectives discovered the majority of the believed prohibited employees carrying out meal cleaning and cleaning up, and so on. Throughout the operation, ImmD private investigators likewise nabbed present assistants believed of carrying out non-contractual responsibilities at an activity place and a barbecue website. 7 presumed companies, making up 2 males and 5 females, aged 30 to 74, were in charge of the included business or dining establishments and thought of utilizing the believed prohibited employees and legal companies of the jailed existing assistants.
“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 spokesperson 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.”
The spokesperson alerted that, “As specified in area 38AA of the Immigration Ordinance, an unlawful immigrant, an individual who is the topic of an elimination order or a deportation order, an overstayer or an individual who was declined consent to land is restricted from taking any work, whether paid or overdue, or developing or signing up with any service. Wrongdoers are accountable upon conviction to an optimum fine of $50,000 and as much as 3 years’ jail time.
The spokesperson restated that it is a major offense to use individuals who are not legally employable. Under the Immigration Ordinance, the optimum charge for a company using an individual who is not legally employable, i.e. an unlawful immigrant, an individual who is the topic of an elimination order or a deportation order, an overstayer or an individual who was declined approval 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 set sentencing standards that the company of a prohibited employee need to be offered an instant custodial sentence.
According to the court sentencing, companies need to take all practicable actions to identify whether an individual is legally employable previous to work. Apart from examining 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 sensible 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 check 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 using 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, carry out a preliminary screening of susceptible individuals, consisting of unlawful employees, unlawful immigrants, sex employees and foreign domestic assistants who are apprehended throughout any operation with a view to determining whether they are trafficking face to faces (TIP) victims. When any TIP sign is exposed in the preliminary screening, the officers will carry out a complete debriefing and recognition by utilizing a standardised list to establish the existence of TIP aspects, such as risks and browbeating in the recruitment stage and the nature of exploitation. Determined TIP victims will be offered with numerous types of assistance and help, consisting of immediate intervention, medical services, counselling, shelter, short-lived lodging and other supporting services. The ImmD contacts TIP victims to report criminal offenses 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.