8 August 2016
A Vietnamese illegal worker holding an Immigration recognisance form was jailed at Shatin Magistrates' Courts on August 6.
During an anti-illegal worker operation mounted on August 3, Immigration Department (ImmD) investigators found a male Vietnamese illegal worker aged 26 working as a kitchen worker at a restaurant in Kwun Tong. Upon identity checking, he produced for inspection a recognisance form issued by ImmD, which prohibits him from taking employment, and further investigation revealed that he was a non-refoulement claimant. He was also suspected of using and being in possession of a suspected forged Hong Kong identity card. An employer suspected of employing the illegal worker was also arrested and the investigation is ongoing.
The arrested illegal worker was charged at Shatin Magistrates' Courts on August 6 with taking employment after landing in Hong Kong unlawfully and remaining in Hong Kong without the authority of the Director of Immigration while being a person in respect of whom a removal order or deportation order was in force. He was also charged with using a forged Hong Kong identity card. He pleaded guilty to the charges and was sentenced to 17 months' imprisonment in total.
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.
The spokesman also warned that it is an offence to use or possess a forged Hong Kong identity card. Offenders are liable to prosecution and a maximum penalty of a $100,000 fine and up to 10 years' imprisonment.
The spokesman appealed to employers not to employ illegal workers, warning that it is an offence to employ people who are not lawfully employable. The maximum penalty is a fine of $350,000 and imprisonment for three years. It is also an offence if an employer fails to inspect the job seeker's identity card or, if the job seeker does not have a Hong Kong permanent identity card, his or her valid travel document. The maximum penalty for failing to do so is a fine of $150,000 and imprisonment for one year. To deter unlawful employment, the High Court laid down sentencing guidelines in 2004 reaffirming that it is a serious offence to employ someone who is not legally employable, and stating that the employer of an illegal worker should be given an immediate custodial sentence.