A total of six suspected illegal workers and one suspected employer were arrested by Hong Kong’s Immigration Department (ImmD) during a series of territory-wide anti-illegal operations codenamed “Lightshadow” and “Twilight”.
Raids were done at 81 locations including food and beverage areas, premises under renovation, and restaurants. The suspected illegal workers comprised of two men and four women aged 27 to 36. Among them, two men and one woman were holders of recognisance forms, which prohibit them from taking any employment. Furthermore, one man, aged 62, was suspected of employing the illegal workers.
“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,” an ImmD spokesman said.
Under the Immigration Ordinance, the maximum penalty for an employer employing a person who is not lawfully employable has been significantly increased from a fine of $350,000 and three years’ imprisonment to a fine of $500,000 and 10 years’ imprisonment to reflect the gravity of such offences. The director, manager, secretary, partner, etc, of the company concerned may also bear criminal liability. The High Court has laid down sentencing guidelines that the employer of an illegal worker should be given an immediate custodial sentence.
Employers must take all practicable steps to determine whether a person is lawfully employable prior to employment. Apart from inspecting a prospective employee’s identity card, the employer has the explicit duty to make enquiries regarding the person and ensure that the answers would not cast any reasonable doubt concerning the lawful employability of the person. The court will not accept failure to do so as a defence in proceedings.
It is also an offence if an employer fails to inspect the job seeker’s valid travel document if the job seeker does not have a Hong Kong permanent identity card. Offenders are liable upon conviction to a maximum fine of $150,000 and to imprisonment for one year.
