19 May 2016
A Vietnamese illegal worker holding an Immigration recognisance form was jailed at Shatin Magistrates' Courts on May 18.
In an anti-illegal employment operation mounted on May 16, officers of the Immigration Department (ImmD) raided a restaurant in Mong Kok. A male Vietnamese worker, aged 34, was found to be a dish washing worker there. Upon identity checking, he produced for inspection a recognisance form issued by the ImmD, which prohibits him from taking up employment, and further investigation revealed that he was a non-refoulement claimant. In addition, he was also suspected of using and being in possession of a forged Hong Kong identity card.
The arrestee was charged at Shatin Magistrates' Court on May 18 with 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, and using a forged identity card. 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 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 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.