18 April 2016
A Pakistani illegal worker holding an Immigration recognisance form was jailed at Shatin Magistrates' Courts on April 15.
In an anti-illegal employment operation mounted on April 13, officers of the Immigration Department (ImmD) raided a restaurant in Causeway Bay. A male Pakistani worker, aged 21, was found cleaning stove parts in the restaurant. Upon identity checking, he was confirmed to be a holder of a recognisance form issued by the ImmD, which prohibits the holder from taking up employment. Consequently he was arrested, and further investigation revealed that he was a non-refoulement claimant.
During the investigation, the arrestee admitted to using a Hong Kong identity card relating to another person for a job interview and taking up employment illegally to earn money. He was charged at Shatin Magistrates' Court on April 15 with using an identity card relating to another person, and taking up employment while being a person who remains in Hong Kong without the authority of the Director of Immigration after having landed in Hong Kong unlawfully. He pleaded guilty to the charges and was sentenced to 15 months' imprisonment for each charge to run concurrently, making a total of 15 months' imprisonment.
The spokesman warned that it is an offence for illegal immigrants or people who are the subject of a removal order or a deportation order to take up any employment or to establish or join in any business. Offenders are liable to a maximum fine of $50,000 and up to three years' imprisonment. The Court of Appeal has issued a guideline ruling that a sentence of 15 months' imprisonment should be applied in such cases.
The spokesman also warned that it is an offence to use or possess a forged Hong Kong identity card or a Hong Kong identity card related to another person. Offenders are liable to prosecution and a maximum penalty of a $100,000 fine and up to 10 years' imprisonment.