The Immigration Department (ImmD) installed a series of territory-wide anti-illegal employee operations codenamed “Lightshadow” “Twilight” “Contribute” “Rally” “Puncture”a joint operation with the Food and Environmental Hygiene Department and the Leisure and Cultural Services Department codenamed “Flabbergast”and a joint operation with the Hong Kong Police Force codenamed “Champion” from September 18 to the other day (September 24). Throughout the anti-illegal employee operations, ImmD officers robbed several target areas consisting of dining establishments, building websites and storage facilities, and so on. Twelve believed unlawful employees and one presumed company were detained. The jailed thought unlawful employees consisted of 9 males and 3 females, aged 33 to 60. Amongst them, 2 males and one lady were holding recognisance types which restrict them from taking any work. A male aged 38 was believed of utilizing the prohibited employees and was likewise detained. An examination into the thought companies is continuous, and the possibility of additional arrests is not eliminated.

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 spokesperson 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 severe offense to utilize 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. 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 consent 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 a prohibited employee must be offered an instant custodial sentence.

According to the court sentencing, companies should 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 applicant’s legitimate travel file if the task candidate 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 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 detained throughout any operation with a view to establishing 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 ImmD officers will perform a complete debriefing and recognition by utilizing a standardised list to determine the existence of TIP and/or required labour components. Recognized TIP and/or required labour victims will be supplied with different types of assistance and support, consisting of immediate intervention, medical services, counselling, shelter or momentary lodging and other supporting services. The ImmD gets in touch with TIP and/or required labour victims to report criminal offenses to the appropriate departments instantly.

For reporting unlawful 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” kind at www.immd.gov.hk.