27 June 2016
A Vietnamese woman holding a recognisance form was jailed at Shatin Magistrates' Courts on June 24 for illegally establishing business.
During an anti-illegal employment operation mounted on April 28, officers of the Immigration Department (ImmD) raided a restaurant in Sham Shui Po. A Vietnamese woman, aged 53, was found collecting aluminium cans at the restaurant. Under caution, she admitted that she collected the cans for sale with monetary reward. Upon identity checking, she produced for inspection a recognisance form issued by the ImmD, which prohibits her from taking up employment or establishing or joining in any business, and further investigation revealed that she was a non-refoulement claimant.
The arrestee was charged at Shatin Magistrates' Courts on June 24 with establishing business while being a person who remains in Hong Kong without the authority of the Director of Immigration after having landed in Hong Kong unlawfully. After trial, she was sentenced to 24 months' imprisonment.
The ImmD spokesman warned that as stipulated in 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 are liable upon conviction 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.