17 May 2016
Two illegal workers holding Immigration recognisance forms comprising one Pakistani illegal immigrant and one Indian were jailed at Shatin Magistrates' Courts on May 16.
In April, Immigration Department (ImmD) investigators received a referral from the Hong Kong Police Force for further investigation on an illegal employment case. Enforcement officers found one male Pakistani worker aged 39 dismantling an air-conditioner during a raid in a recycling depot in Yuen Long. Upon identity checking, he was found to be a non-refoulement claimant who produced a recognisance form issued by ImmD, which prohibits him from taking employment, for inspection.
In addition, during a joint operation with the Hong Kong Police Force and the Labour Department codenamed "Sahara" conducted on February 1, enforcement officers found one male Indian worker aged 42 cleaning kitchenware in the kitchen during a raid in a restaurant at Chungking Mansions in Tsim Sha Tsui. Upon identity checking, he was found to be a non-refoulement claimant who produced a recognisance form issued by ImmD, which prohibits him from taking employment, for inspection.
The two arrestees were charged with taking 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 or being a person in respect of whom a removal order was in force. After the trial, they were sentenced to 15 months' imprisonment and 22 months plus two weeks' imprisonment respectively.
The ImmD 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 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.