The SUN HK : Immigration warns anew against illegal employment

Immigration officers escort one of the women arrested for working illegally.

The Immigration Department has renewed its warning against illegal employment after it arrested three men and three women suspected of working illegally, a man aged 32 who hired them and another man aged 24 who helped them.

The eight were arrested in three operations launched from May 30 to June 1 by Immigration officers, who raided 47 locations such as food and beverage areas, industrial buildings, premises under renovation, residential buildings, restaurants and retail shops.

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Of the six arrested for illegal work, one was a holder of a recognisance form which prohibits her from taking any employment, and two women who were in possession of forged Hong Kong identity cards.

The Immigration Ordinance prohibits visitors and those with conditions of stay in their visa, such as domestic helpers, from taking up employment, whether paid or unpaid, without the permission of the Director of Immigration.

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“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," Immigration said in a statement.

Also prohibited from taking up employment, or establishing or joining in any business, are persons who are subjects of a removal order or a deportation order, overstayers or those refused permission to land. If convicted, they could be fined up to $50,000 and jailed up to three years.

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Those who use or possess a forged Hong Kong identity card or a Hong Kong identity card related to another person “are liable to prosecution and upon conviction face a maximum fine of $100,000 and up to 10 years' imprisonment," the statement added.

Immigration also said that the penalties for those who employ people who are not lawfully employable have 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 High Court has also laid down sentencing guidelines which require such employers to be given an immediate jail sentence, the statement added.

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The law requires all employers to to make sure a person is lawfully employable before hiring them.

“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,” Immigration said.

“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,” it added.