Migration Department detains 17 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 3 successive days from May 17 to 19, targeting foreign domestic assistants who breached their conditions of stay. An overall of 17 individuals, consisting of 9 thought prohibited employees and 8 believed companies, were apprehended.
Throughout the operations, ImmD private investigators robbed 21 target places, consisting of dining establishments, retail stores, hairdresser, barbecue websites, and commercial and business structures. The jailed 9 presumed prohibited employees consisted of one male and 8 ladies, aged 29 to 50. Amongst them, 2 individuals were existing assistants, 3 individuals were overstaying ex-helpers, 3 individuals were holders of recognisance kinds, which restrict them from taking any work in Hong Kong, and a single person was an imported employee. The believed prohibited employees were discovered participating in food and drink services, grocery store operations, cleaning up responsibilities and hairdressing services. 8 believed companies, consisting of 2 guys and 6 ladies aged 26 to 76, were owners or persons-in-charge of the business and dining establishments included, or the legal companies of the jailed foreign domestic assistants. The appropriate cases are still under examination, and the ImmD does not eliminate the possibility of more arrests.
In addition, to improve public education, ImmD has actually launched a brand-new promotion video advising companies not to use foreign domestic assistants or schedule them to take part in unlawful work. The pertinent video will be launched on the authorities social networks platforms of the ImmD.
“A helper should only perform domestic duties for the employer as listed in the ‘Schedule 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 representative 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.”
The representative alerted that, “As stated in area 38AA of the Immigration Ordinance, 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 is forbidden from taking any work, whether paid or overdue, or developing or signing up with any organization. Wrongdoers are responsible upon conviction to an optimum fine of $50,000 and approximately 3 years’ jail time. As stated in area 20( 1 )(a) of the Immigration Ordinance, the Chief Executive might make a deportation order versus an immigrant, forbiding the immigrant from remaining in Hong Kong at any time afterwards if the immigrant has actually been condemned in Hong Kong of an offense punishable by jail time for not less than 2 years.
The representative restated that it is a severe 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. 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 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 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 task to make queries concerning the individual and guarantee 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 examine the task hunter’s legitimate travel file if the task applicant does not have a Hong Kong long-term identity card. Culprits are responsible upon conviction to an optimum fine of $150,000 and to jail time for one year. Because connection, the representative wants to advise all companies not to defy the law by using prohibited 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 personallies (TIP) and/or required labour victims. When any TIP and/or required labour indication is exposed in the preliminary screening, the officers will carry out a complete debriefing and recognition by utilizing a standardised list to determine the existence of TIP and/or required labour aspects. Determined TIP and/or required labour victims will be supplied with numerous kinds of assistance and help, consisting of immediate intervention, medical services, counselling, shelter, short-lived lodging and other supporting services. The ImmD contacts TIP and/or required labour victims to report criminal activities to the appropriate departments right away.
For reporting prohibited work activities, please call the devoted hotline 185 185, fax at 2824 1166, email anti_crime@immd.gov.hk, or send the “Online Reporting of Immigration Offences” type at www.immd.gov.hk.