2 overstayers among 23 persons arrested in anti-illegal work raids

 

One of the women arrested for suspected illegal work is led away for questioning

The latest week-long operations conducted by the Immigration Department and other government enforcers to flush out illegal workers has resulted in 23 people being arrested, including two who have overstayed their visas.

Those arrested in the territory-wide operations conducted from April 30 to May 7 also included 16 suspected illegal workers and five employers.

The suspected illegal workers comprised seven men and nine women, aged 21 to 63. They included a man holding a recognizance form meant to prevent him being deported, but does not allow him to take any employment; and a woman in possession of a forged Hong Kong identity card.

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Three men and two women, aged 37 to 66, were held on suspicion of employing the illegal workers. An investigation into the operation is continuing and further arrests are not being ruled out.

Those targeted in the raids were warehouses, massage parlors and premises under renovation.

7 men are among 16 suspected illegal workers arrested during the raids

Illegal work is a serious offence in Hong Kong, for which a custodial sentence is usually prescribed. The maximum penalty is up to two years in prison and fine of up to HK$50,000.

Overstaying or working while under recognizance are aggravating factors which raise the maximum jail term to three years.

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Holding a forged identity card is even more serious, as the prescribed penalty is imprisonment for up to 10 years and a maximum fine of HK$100,000.

Employers face the most severe penalty of up to 10 years in prison and a maximum fine of HK$500,000.

The other government agencies that took part in the raids were the Customs and Excise Department, Food and Environmental Hygiene Department, the Leisure and Cultural Services Department and the Hong Kong Police Force.

22 arrested in anti-illegal work sweep ahead of ‘Golden Week’

Tourists are advised not to hire illegal tour guides

Unlicensed tour escorts or travel agents were among those targeted in the latest anti-illegal work operations led by the Immigration Department.

Immigration agents have teamed up with staff from the Travel Industry Authority (TIA) to distribute leaflets at popular tourist attractions such as the West Kowloon Cultural District, Hong Kong Palace Museum, Clock Tower and Avenue of Stars in Tsim Sha Tsui and Wong Tai Sin Temple.

The message to locals and tourists alike was the same: “Don’t employ illegal tour escorts or tourist guides.”

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The initiative comes ahead of the “Golden Week” in the Mainland, when hundreds of thousands of Chinese tourists flock to Hong Kong during the long holiday.

The TIA said it will continue to work closely with law enforcement authorities throughout the holiday to ensure no illegal tour guide activities take place.

Items seized from suspected illegal workers

Meanwhile, the regular crackdown on illegal work continued at the same time, resulting in the arrest of 22 people in a six-day period, from Apr 24 to 29.

Of those arrested in raids on restaurants, retail stress and flats under renovation across multiple districts, 18 were suspected to be illegal workers and four were employers.

The arrested workers comprised 13 men and five women, aged 19 to 54. One of the women was found in possession of a forged HK identity card.

Two men and two women aged 39 to 54 were arrested on suspicion of hiring the illegal workers. An investigation into their operation is continuing.

Hong Kong laws strictly forbid illegal work by tourists or visitors, illegal immigrants, persons fighting deportation, or those contracted to work only for a particular employer and location.

Maximum penalties range from two to years in prison, and a fine of up to HK$50,000. Overstayers, illegal immigrants and asylum seekers face higher prison sentences.

Those found guilty of possessing a forged identity document can be jailed for up to 10 years and fined up to HK$100,000. 

Employers face more severe penalties: up to 10 years in jail and a maximum fine of HK$500,000.

Tour guide, photographer arrested in anti-illegal work operations

One of the suspected illegal workers is taken away for questioning

Immigration officers working undercover arrested a tour guide and photographer working illegally as part of anti-illegal work operations carried out from Apr 17 to 23. 

The sting came after the officers noted that social media platforms have recently been used to advertise tour guide and photography services in Hong Kong. After an extensive investigation and research, the two suspects, both aged 23, were identified. 

Officers disguised as customers set up the two, then arrested them while they were engaged in providing the illegal services. 

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The two were among 16 people arrested in in the territory-wide operations involving the HK Police and the Immigration, Labour and Customs departments. The suspects comprised 12 suspected illegal workers, two employers and two aiders and abettors. 

The premises that were targeted included restaurants, warehouses and flats under renovation, which are known black spots for illegal work.

The arrested workers comprised two men and eight women, aged 23 to 50. Among them, one man and one woman were holding recognisance forms which prohibit them from taking any employment. 

One man and one woman, aged 63 and 30, were suspected of employing the illegal workers and were also arrested. 

Two other men aged 48 and 53 were also detained on suspicion that they aided and abetted the illegal act.

Immigration said an investigation into the suspected employers is continuing, and further arrests could not be ruled out.

It also warned that anyone who contravenes a condition of stay in Hong Kong, like tourists taking up a job whether paid or unpaid, could be prosecuted and if found guilty, sentenced to a maximum jail term of two years, and up to $50,000 in fines. Aiders and abettors are also liable to prosecution and penalty.

Overstayers, asylum seekers and those refused permission to land can be jailed for up to three years if they are found to be working illegally.

In addition, they can be barred from re-entering Hong Kong on orders of the Chief Executive if the offence which they are charged with carries a sentence of not less than two years in jail.

Employers face a more severe penalty of up to 10 years in jail and a maximum fine of HK$500,000.

 

12 people arrested in raids targeting food couriers

Police display items seized during the raids

Eight suspected illegal workers and four aiders and abettors were arrested in the latest anti-illegal work operation by the Immigration Department.

Targeted in the raids carried out from Apr 13 to 22 were food delivery riders working illegally.

All the suspected illegal workers were non-ethnic Chinese males aged 22 to 51, and were found to hold recognizance forms, being non-refoulement claimants or are applying against deportation orders against them.

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The suspected aiders and abettors were three men and one woman who are all Hong Kong residents and aged 31 to 44. They are suspected of having conspired to defraud delivery platforms by selling or renting their food delivery courier accounts to the illegal workers.

Immigration warned that an illegal immigrant, or a person refused permission to land, is prohibited from taking taking any employment, whether paid or unpaid, or joining any business.

Offenders face being sentenced to a maximum of three years in jail and fined up to $50,000.

In addition, the Chief Executive may issue a deportation order against an immigrant-offender found guilty of committing an offence punishable with imprisonment for not less than two years, which will ban the offender from entering Hong Kong in future. 

Employers of illegal workers face a more serious sentence of up to 10 years in prison and fine of up to $500,000 to reflect the gravity of such an offence.

To report illegal employment activities, please call the dedicated hotline 185 185, fax at 2824 1166, email anti_crime@immd.gov.hk, or submit the "Online Reporting of Immigration Offences" form at www.immd.gov.hk.

32 people arrested in illegal work raids

 

Suspected illegal workers are arrested and herded to an Immigration van

Three joint operations led by Immigration Department officers to flush out illegal workers have led to the arrest of 32 people across Hong Kong from April 10 to 16.

Of those arrested, 21 were suspected to be working illegally while the 11 others stood as their employers.

The suspected illegal workers comprised nine men and 12 women, aged 32 to 63. Two of the women possessed apparently forged Hong Kong identity cards.

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Those arrested for employing them were seven men and four women aged 30 to 58. Immigration said an investigation into the suspected employers is ongoing, and further arrests could not be ruled out.

Targeted in the latest raids were multiple premises including warehouses, retail stores and commercial buildings.

Immigration reiterated that illegal work is a serious crime in Hong Kong, which carries the maximum penalty of two years in jail and $50,000 in fine. If the arrested worker is an overstayer or is on recognizance or intends to seek asylum the jail term is up to three years.

Those who use forged identity documents can be jailed for up to 10 years and fined a maximum of $100,000.

Employers are advised to ensure the people they are hiring are legally employable. Those found to have failed to exercise due diligence in ensuring the employability of their workers or have deliberately hired illegal workers can be fined up to $500,000 and jailed for up to 10 years.

Mere failure to properly inspect the jobseeker’s travel document in the absence of a Hong Kong identity card could lead to prosecution and on conviction, to a fine up to $150,000 and imprisonment for up to a year.

To report suspected illegal work activities, please call the dedicated hotline 185 185, fax at 2824 1166, email anti_crime@immd.gov.hk, or submit the "Online Reporting of Immigration Offences" form at www.immd.gov.hk.

 

 

Make-up artist among 5 arrested in anti-illegal work operations

 

A suspected illegal worker is taken away for questioning

After cracking down on foreign domestic helpers providing massage and manicure services, Immigration officers are now on the lookout for foreigners offering make-up services.

A Mainland woman who offered her make-up services through online advertisements was among five people arrested in the latest week-long operation mounted by the Immigration Department to counter illegal work.

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Officers disguised as customers contacted the 27-year-old makeup artist to book her services, then arrested her during a sting operation.

Four other suspected illegal workers and one suspected aider and abettor were arrested in the citywide operations that targeted restaurants, retail stores, flats under renovation and other places, from March 20 to 26.

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The suspected illegal workers comprised one man and two women, aged 35 to 37. The man was reportedly found with a forged HK identity card.

Another man aged 31 was also arrested on suspicion of abetting the illegal employment.

Illegal work is a serious offence in Hong Kong, for which the maximum sentence that may be imposed is two years in jail and a fine of HK$50,000. Visitors and workers under foreign domestic helper visas fall under this category.

If the worker committed other violations, like overstaying a visa or holding a non-refoulement document that prohibits employment in Hong Kong, the maximum jail term is three years in jail.

Aiders and abettors are similarly punished under Hong Kong laws.

Those found in possession of fake identity documents face the more severe penalty of imprisonment for up to 10 years.

 

Concern raised about FDHs’ ‘abuse’ of non-refoulement scheme

 

All those repatriated were former DHs who overstayed, with some committing crimes

Hong Kong Immigration has expressed concern about what it called as the “abuse” of the non-refoulement claim mechanism by foreign domestic helpers as it announced Friday the repatriation of 18 unsubstantiated non-refoulement claimants.

Immigration said in the statement that all those repatriated between March 18 to 20 were former FDHs who had overstayed their visas. Among them were former prisoners who had served their sentences after committing criminal offences.

“The ImmD is very concerned about the abuse of the non-refoulement claim mechanism and is aware that a number of claimants were former foreign domestic helpers before,” said the statement.

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“The ImmD has been co-operating with the relevant consulates-general in Hong Kong and will continue such co-operation to step up publicity and education for newly arriving foreign domestic helpers to help them understand that they should not abuse the non-refoulement claim mechanism.”

To forestall their return to their home countries after overstaying, the FDHs filed claims for non-refoulement or against being sent back home, saying they faced torture or persecution if they returned.

Once non-refoulement applications are lodged with the Immigration Director, repatriation cannot be carried out until a final decision is reached. If denied, the applicant could appeal, first with the Torture Claims Adjudication Board, then to the courts, a process that could take years.

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In the meantime, applicants are provided by the government with food and accommodation subsidies but are not allowed to take up work. A big number end up working illegally or resorting to crime during this period.

To prevent an abuse of the process, Immigration updated its removal policy starting from Dec 7, 2022 which allowed it to generally proceed with the removal of a claimant whose judicial review has been dismissed by the Court of First Instance, despite the availability of appeal.

In its statement, Immigratio said it will continue to explore solutions to speed up the repatriation of unsubstantiated non-refoulement claimants and coordinate with relevant authorities to “optimise repatriation routes and the operation process.”

Those being consulted on further speeding up repatriation are the major source countries of non-refoulement claimants, airline companies and other government departments.

 

3 Pinays charged with illegal work bound over

 

Entrance to Mirador Mansion (Google Maps photo)

Three Filipina domestic helpers who were arrested during the Immigration Department’s anti-illegal worker operations, got off lightly at Shatin Court today when they agreed to a bind-over in return for prosecution withdrawing the charges.

J. Luya, 33 years old, N. Celades, 34, and S. Mercurio, 39, were each charged with breach of condition of stay, contrary to section 41 of the Immigration Ordinance and by virtue of Regulation 2 of the Immigration Regulations.

Acting Principal Magistrate Cheang Kei-hong cautioned them that they have to avoid committing a new offense for 18 months, or they will be fined $2,000 in addition to being given the penalty for the new offense.

He also charged them $500 each as court costs, to be taken from their bail money.

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The three were arrested last Feb. 3 for allegedy doing odd jobs at the 5^th floor of Mirador Mansion in Tsim Sha Tsui.

Under the Immigration Ordinance , domestic helpers doing work not in their employers’ homes are committing an offense punishable with a fine of $50,000 and imprsonment for two years.

The three were arrested in the joint operation between Immigration and Home Affairs and Labour Departments in multiple locations, including targeted guesthouses in Yau Tsim Mong District.

Seven persons were arrested including six suspected illegal workers and one suspected employer.

The three domestic helpers were allegedly found performing room cleaning duties in the guesthouses.

The remaining three illegal workers were illegal odd job workers including two men holding recognisance forms which prohibit them from taking any employment in Hong Kong and an overstayed former foreign domestic helper.

A woman aged 75 was suspected of employing illegal workers and was the person-in-charge of the guesthouses.

Pinay hunted after failing to show up at hearing

 

Eastern Court 

A Filipina former domestic helper is being hunted by police after she failed to show up for the hearing of her case at Eastern Court for overstaying.

Magistrate Ko Wai-hung ordered the arrest of Teodora Quijano, reserved the forfeiture of her bail and ordered police not to grant her bail once she is arrested.

Quijano, 36 years old, is charged with breach of condition of stay, contrary to section 41 of the Immigration Ordinance.

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She was alleged to have overstayed in Hong Kong on May 29, 2022 or 14 days after the premature termination of her domestic helper contract on May 15,  2022.

She was arrested on Sept. 3, 2022 at Ming Court Guest House, 2/F, Hong Kong Building, 137-147 Lockhart Road, Wan Chai.

10 persons arrested in anti-illegal work operations

 

2 of the 5 women arrested for illegal work are led away by the raiding team

A week-long operation targeting illegal workers that ended on March 5 has led to the arrest of 10 people across different locations.

Investigators from the Immigration Department, the police and two government departments raided several establishments, including restaurants, massage parlors and a logistics company.

Of the 10 people arrested, nine were suspected illegal workers comprising  four men and five women, aged 22 to 50. The other one was a woman aged 50 who was arrested on suspicion of hiring the illegal workers.

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Immigration said in a statement that an investigation into the suspected employers is continuing, and did not rule out further arrests.

Contravening a condition of stay by working without a permit is punishable by up to two years in prison and a maximum fine of $50,000.

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Employers of illegal workers face a maximum jail term of 10 years and a $500,000 fine. Mere failure to properly inspect a job applicant’s identity document can lead to an employer being jailed for up to a year and fined up to $150,000.

2 plead guilty to operating dental clinic illegally

 

The 6 Filipino DHs after their arrest in unlicensed dental business

The leader of the six domestic helpers who were arrested by Immigration officersfor operating a dental clinic illegally in Sham Shui Po, has pleaded guilty to two charges, and will be sentenced on March 20 at Shatin Court.

Marites Bohol, 48 years old, who was returned to jail, will be sentenced with her assistant Marissa Necesito, 60 years old, who was granted bail of $2,000.

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The four others – Carles Lie Ramos, Cherie Mel Patiga, Rowena Cerdina, and Jucen Naong – were also freed on bail of $2,000 until their next court hearing on April 8 on charges of aiding and abetting the practice of dentistry without registration.

Bohol pleaded guilty to practicing dentistry without registration, and establishing a business while in Hong Kong in breach of her condition of stay.

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Necesito pleaded guilty to breach of condition of stay, practicing dentistry without registration and three counts of employing persons not legally employable.

Drills were among the items seized during the raid on the makeshift dental clinic

Magistrate Raymond Wong dismissed five charges against Bohol, Necesito, Ramos, Patiga and Cerdina that were deemed identical to those filed against them.

The six were arrested on Aug. 17 last year by Immigration agents in a raid on a subdivided unit in Sham Shui Po.

Asylum seeker gets 2 months jail for slashing plastic cones

 

The toilet where the offense was committed (Google Maps photo)

For slashing two plastic safety cones placed inside a women’s toilet in Sham Shui Po, a 39-year-old asylum seeker was jailed for two months after she pleaded guilty at West Kowloon Court.

R. Lagud, who holds a recognizance form as her identity document, was charged with criminal damage contrary to section 60(1) of the Crimes Ordinance, for which she pleaded guilty when she appeared in court on Tuesday (Feb. 3).

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The offense was committed on Nov. 17 last year at the women’s public toilet at Apliu st., Sham Shui Po.

She was also charged with possession of offensive weapon contrary to section 17 of the Summary Offences Ordinance, after she was found to be carrying a 13cm cutter “with intent to use the said weapon for unlawful purposes,’ according to a Sham Shui Po police complaint.

However, this charge was withdrawn by prosecutors.

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Principal Magistrate Don So also cancelled the warrant of arrest issued against her when she failed to appear in court for a previous hearing.