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| The 2 men were among 20 persons arrested in anti-illegal work raids in December 2023 |
A Pakistani asylum seeker found to have obtained
illegal work by using someone else’s HK ID card was ordered jailed for 26
months and 14 days by a Shatin court on Monday, May 21.
At the same time, a local resident who employed him
was ordered imprisoned for 24 months and 14 days.
According to a statement issued by the Immigration
Department, the unnamed Pakistani male aged 50 who held a recognizance form as
a non-refoulement claimant was arrested on Dec. 13 last year during an
anti-illegal work operation, as he was doing odd jobs in Tuen Mun.
While checking his identity, immigration officers
found that he was in possession of a Hong Kong identity card relating to
another person, which he also used to obtain illegal employment.
An additional charge of making false representation
to Immigration officers was also filed against him as a result.
The illegal worker was charged in court with one count
of taking employment while subject to a removal order or deportation order; one
count of using and being in possession of a Hong Kong identity card relating to
another person, and one count of making false representation to Immigration
officers.
He
pleaded not guilty to the charges but was convicted after trial.
Meanwhile,
a local man aged 48 was also arrested for employing the illegal worker. He was
also suspected of transferring an identity card to another person without
reasonable excuse.
The
Hong Kong resident pleaded not guilty but was convicted after trial of having employed
an illegal worker as he did not take all practicable steps to determine if the applicant
was lawfully employable.
He
was also found guilty of transferring an identity card to another person
without reasonable excuse.
Immigration
again warned that under section 38AA of the Immigration Ordinance, illegal
immigrants or people who are the subject of a removal order or a deportation
order are prohibited from taking any employment, whether paid or unpaid, or
establishing or joining in any business.
Offenders
can be fined up to $50,000 and jailed for up to three years. The Court of
Appeal has ruled that a sentence of 15 months' imprisonment should be applied
in such cases.
Using or possessing a HKID card belonging to another
or using one that was forged could result in the offender being jailed for up
to 10 years in jail and fined a maximum of $100,000.
The same penalty applies to one who caused the
transfer of an identity card to another person.
False representation to an immigration officer carries
with it a more severe penalty of up to 14 years imprisonment and $150,000 fine.
Employers of illegal workers face up to three years in
prison and a maximum fine of $500,000. The sentencing guidelines also provide
for the immediate custodial sentence for a convicted employer.
The guidelines also mandate the employers to take
all practicable steps to ensure the worker is is lawfully employable prior to
employment, including checking the job seeker’s travel document if he/she does
not have a permanent HKID.
Failure to do so will not be accepted as a defense
in criminal proceedings, and the offender can be jailed for up to a year and
fined $150,000.
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