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| All the workers arrested were all women working in restaurants or guesthouses |
A total of 16 people
were arrested in anti-illegal work operations conducted by the Immigration
Department that targeted foreign domestic helpers working mainly in restaurants or
guesthouses.
Arrested over three days,
from Oct. 12 to 14, were ten suspected illegal workers aged 26 to 43, and six
employers aged 41 to 63.
The 10 workers were all
women. Five are current helpers, three were former helpers who had overstayed
their visas, one visitor, and one imported worker.
Immigration said most of
the suspected illegal workers were found working at restaurants or guesthouses
doing dishwashing, cleaning and other odd jobs.
The employers were
locals comprising five men and one woman.
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| An immigration officer displays the items seized during the operations |
Immigration
reminded the public that FDHs should only perform domestic duties for their
contractual employer as listed in the "Schedule of Accommodation and
Domestic Duties" attached to the employment contract.
“The
helper should not take up any other employment, including part-time domestic
duties, with any other person. The employer should not require or allow the
helper to carry out any work for any other person," the Immigration
statement said.
Anyone
who violates a condition of stay in their visas, including FDHs and tourists
who are not allowed to take up any work in Hong Kong, whether paid or unpaid, are
guilty of an offence.
The maximum
penalty for the offence is a fine of $50,000 and up to two years’ imprisonment.
If the
illegal worker is an illegal immigrant, a person subject to a removal or deportation
order os is a overstayer, face a maximum penalty of three years in jail,
and fine of up to $50,000.
Employers
who hired a person who is not lawfully employable could be jailed for up to 10
years, and fined a maximum of $500,000. Under sentencing guidelines imposed by the
High Court, an immediate custodial sentence is prescribed for an offending
employer.
The
director, manager, secretary, partner or any officer of the company concerned
may also bear criminal liability.
The
sentencing guidelines require all employers to take “all practicable steps” to
determine whether a person is lawfully employable prior to employment. This means
that apart from inspecting a job applicant’s identity card, the employer is
also duty-bound to make enquiries to ensure the lawful employability of the
person.
If the
jobseeker does not have a permanent HK identity card the employer is required
to inspect the applicant’s valid travel document to ensure compliance with the
law. Failure to do this would make the employer liable to pay a maximum fine of
$150,000 and could be jailed for up to a year.
Immigration
warned employers not to defy the law by employing illegal workers, saying it
will continue “to take resolute enforcement action to combat such offences.”