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| Both employer and illegal worker were sentenced at Shatin Court |
A local grocery shop owner was sentenced to two months’ imprisonment on Friday after being found guilty of hiring an Indonesian illegal worker.
The Indonesian worker aged 51 years old was jailed
for 15 months previously
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The unnamed employer described as a male Hong Kong resident
aged 57, was charged at Shatin Court or being an employer of a person who was
not lawfully employable as he did not take adequate steps to ascertain the visa
status of the worker.
He pleaded not guilty to the charge, but was
convicted after trial.
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| Pindutin para sa detalye |
He was arrested on March 13 by Immigration officers
who raided his grocery store and arrested him for hiring the Indonesian, who
turned out to be a recognizance paper holder applying for asylum, as a shop assistant.
In a
statement, Immigration reminded the public that it is a serious offence to
employ people who are not lawfully employable.
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| PINDUTIN PARA SA DETALYE |
Under the Immigration Ordinance the maximum penalty for an employer of an illegal worker, for example, an illegal immigrant, a person subject to deportation or overstayer, is liable to prosecution and could be jailed for up to 10 years and fined up to $500,000.
The High
Court has also ruled that the employer should be jailed immediately.
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| Basahin ang detalye! |
According to the sentencing guidelines, employers take all practicable steps to determine whether a jobseeker is lawfully employable.
Apart from inspecting the applicant’s identity card, the employers must also make enquiries about the person and ensure that the answers would not cast reasonable doubt as to the lawful employability of the person.
Failure to do this would not be accepted as a defence on the employer’s behalf
It is also an offence for the employer not to inspect the job seeker’s valid passport or travel document if no permanent HK ID card could be presented
To report suspected illegal employment activities, please call the dedicated hotline 3861 5000, by fax at 2824 1166, email to anti_crime@immd.gov.hk, or submit "Online Reporting of Immigration Offences" form at www.immd.gov.hk.
