Publications and Press Releases

1 December 2016

An Indian illegal worker holding a recognisance form was jailed at Shatin Magistrates' Courts yesterday (November 30).
 
During operation "Twilight" conducted on November 28, Immigration Department (ImmD) investigators raided a restaurant in Sai Wan Ho at which an Indian male, aged 25, was arrested. When intercepted, he was found washing dishes in the restaurant. Upon identity checking, he produced for inspection a recognisance form issued by the ImmD, which prohibits him from taking employment. Further investigation revealed that he was a non-refoulement claimant.
 
The illegal worker was charged at Shatin Magistrates' Courts yesterday with taking employment after landing in Hong Kong unlawfully and remaining in Hong Kong without the authority of the Director of Immigration or while being a person in respect of whom a removal order or deportation order was in force. He pleaded guilty to the charge and was sentenced to 15 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.
 
The spokesman reiterated that it is a serious offence to employ people who are not lawfully employable. The maximum penalty is imprisonment for three years and a fine of $350,000. The High Court has laid down sentencing guidelines that the employer of an illegal worker should be given an immediate custodial sentence. According to the court sentencing, employers must take all practicable steps to determine whether a person is lawfully employable prior to employment. Apart from inspecting a prospective employee's identity card, the employer has the explicit duty to make enquiries regarding the person and ensure that the answers would not cast any reasonable doubt concerning the lawful employability of the person. The court will not accept failure to do so as a defence in proceedings. It is also an offence if an employer fails to inspect the job seeker's valid travel document if the job seeker does not have a Hong Kong permanent identity card. The maximum penalty for failing to inspect such a document is imprisonment for one year and a fine of $150,000.

Exhibition of the 4th Anniversary of Hong Kong National Security Law
Identity Card - A Timeless Proof
Legislative Control of Cannabidiol (CBD)
Let Social Enterprises Bloom!
The Chief Executive's 2024 Policy Address
The 2025-26 Budget Public Consultation
National Security Education Day
Safeguarding National Security
Safe Community Newsletter
Inter-departmental Counter Terrorism Unit’s Website
Year-round Recruitment of Immigration Assistant
Talent List
talent.gov.hk
Technology Talent Admission Scheme
Admission Schemes for Talent, Professionals and Entrepreneurs
Guangdong-Hong Kong-Macao Greater Bay Area
Outbound Travel Alert System
Registration of Outbound Travel information
Travel Safety Tips
Information on Consular Protection and Services of the Ministry of Foreign Affairs
Safeguard HK
Service Arrangement under Severe Weather
Hong Kong's Legal Services
Download Scameter+ now!
Prohibition on Face Covering Regulation
iAM Smart  Safe and Swift
Improve Electoral System   Ensure Patriots Administering Hong Kong
CSDI website
Exhibition of the 4th Anniversary of Hong Kong National Security Law
Identity Card - A Timeless Proof
Legislative Control of Cannabidiol (CBD)
Let Social Enterprises Bloom!
The Chief Executive's 2024 Policy Address
The 2025-26 Budget Public Consultation
National Security Education Day
Safeguarding National Security
Safe Community Newsletter
Inter-departmental Counter Terrorism Unit’s Website
Year-round Recruitment of Immigration Assistant
Talent List
06-12-2016