Foreword - Our Vision, Mission and Values / ForewordChapter 1 - Visa and PoliciesChapter 2 - Immigration ControlChapter 3 - Personal DocumentationChapter 4 - Enforcement and Torture Claim AssessmentChapter 5 - Information SystemsChapter 6 - Management and SupportChapter 7 - Green ManagementChapter 8 - Commitment to Service Excellence and Sustainable DevelopmentAppendices
Enforcement and Torture Claim Assessment Branch
Enforcement and Torture Claim Assessment

Enforcement and Torture Claim Assessment Branch

Under the command of an Assistant Director, the Enforcement and Torture Claim Assessment Branch comprises the Enforcement Division and the Torture Claim Assessment Division. Each division is headed by a Principal Immigration Officer.

Organisation Chart of the Enforcement and Torture Claim Assessment BranchOrganisation Chart of the Enforcement and Torture Claim Assessment Branch

The Enforcement Division is responsible for formulating and implementing policies in respect of investigation, deportation and removal. The Torture Claim Assessment Division is responsible for handling claims made to the Department under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (the Convention against Torture), immigration related prosecution and litigation cases relating to enforcement as well as managing the Castle Peak Bay Immigration Centre for the detention of persons of 18 years old or above.

Investigation and Intelligence

As a law enforcement agency, the Immigration Department has to uphold the laws of Hong Kong. The Enforcement Division is responsible for investigating into offences under the Immigration Ordinance and the Registration of Persons Ordinance, and offences relating to the registration of births, deaths and marriages in Hong Kong; instituting removal and deportation proceedings against illegal immigrants and undesirables; and maintaining intelligence on global immigration matters. The Torture Claim Assessment Division is responsible for handling claims made to the Department under the Convention against Torture, and matters relating to prosecution of immigration offenders and litigation cases relating to removal, deportation and torture claim matters.

Anti-Illegal Migration Agency

To further strengthen law enforcement actions against the use of forged travel documents and human smuggling activities at the Airport, the Department established an Airport Investigation Group (AIG) when the Hong Kong International Airport at Chek Lap Kok came into operation on July 6, 1998. AIG together with the Tactical Intelligence Group (TIG) were put under the management of the Anti-Illegal Migration Agency (AIM) since its formation on June 28, 2004. The main charter of AIM includes investigation of forgery and illegal migration cases intercepted at the Hong Kong International Airport, focused investigations on forgery syndicates relating to abuse of HKSAR passports, and collection and analysis of the latest trend of modus operandi of forgery syndicates and users.

Mainland Illegal Immigration

In 2011, the number of Mainland illegal immigrants intercepted was 1 631, representing a decrease of 30.3 per cent when compared with 2 340 arrested in 2010. Some of the illegal immigrants came to Hong Kong to take up unlawful employment while some came here to meet their families and relatives. The number of Mainland illegal immigrants involved in sex work decreased from 333 in 2010 to 233 in 2011. The number of surrendered pregnant Mainland illegal immigrants in 2011 was 6, representing a decrease of 14.3 per cent when compared with 7 in 2010.

After the gazettal of the application procedures for the Certificate of Entitlement in July 1999, the number of surrendered minor illegal immigrants from the Mainland declined sharply. In 2011, there was only one, while there was no surrender case in 2010.

Unlawful Employment

During the year, the Department maintained high vigilance on the problem of illegal workers and continued to take tough and effective enforcement actions against unlawful employment of illegal immigrants, visitors, foreign domestic helpers and imported workers who were subject to specific employment conditions to protect the local labour market. Measures taken included publication of related government policies and regulations, and frequent surprise checks on factories, restaurants, food production factories, shops, markets, foot reflexology centres, residential and commercial premises under renovation, cemeteries, refuse collection points and waste materials recycling factories, container depots and warehouses situated in the border and rural districts in the New Territories. In 2011, 5 621 illegal workers, including 3 939 persons engaged in sex work, were arrested, representing a decrease of 13.8 per cent as compared with 6 518 in 2010. Most of the illegal workers were prosecuted and fined or imprisoned before repatriation to their places of domicile. Besides, the Immigration (Amendment) Ordinance 2009 came into effect on November 14, 2009. It prohibits illegal immigrants or people who are subject of a removal order or deportation order from taking any employment, whether paid or unpaid, or from establishing or joining in any business. Since the enactment of the amended ordinance till end of 2011, the Department conducted 23 727 operations against illegal employment with 8 562 illegal workers and 1 162 employers arrested. Among the illegal workers, 364 were arrested for breaching the amended ordinance.

The Department continued to take tough and effective enforcement actions to protect the local labour market.The Department continued to take tough and effective enforcement actions to protect the local labour market.The Department continued to take tough and effective enforcement actions to protect the local labour market.

To strengthen crime prevention measures and enforcement actions against illegal activities, including unlawful employment, an inter-departmental task force comprising the Immigration Department, Hong Kong Police Force, Customs and Excise Department, Labour Department, Correctional Services Department and Food and Environmental Hygiene Department was set up in April 2003.

Besides, for enhancing the effectiveness of curbing the problem of unlawful employment, the Department set up an Anti-illegal Workers Combat Squad in January 2005 to provide for a more speedy and robust combat force against illegal workers and their employers. The squad conducts plain-clothes patrol duties at black spots for illegal workers and takes speedy actions on reports of illegal workers.

‘Don't employ illegal workers’ poster‘Don’t employ illegal workers’ poster

Employers of illegal workers were also prosecuted. In 2011, 355 employers were prosecuted for employing illegal workers. Many of the prosecuted employers were sentenced to jail. As a deterrent measure against unlawful employment, the Court of Appeal (CA) laid down a sentencing guideline in September 2004 reaffirming that employing one not lawfully employable person is a serious offence, the employer of an illegal worker should be sentenced to an immediate custodial sentence even for the first time of commitment. The CA also stated that the presence of aggravating features, such as an element of exploitation, multiple employment of illegal workers or that the offence is a repeated one, will in most cases substantially increase the guideline sentence.

To prevent illegal workers from taking up renovation works in public and private housing estates, the Department issued guidelines to enhance proper record keeping of flats under renovation and the particulars of the flat owners, contractors and workers. As a result, the number of illegal workers taking up renovation work in well-managed housing estates decreased.

On the issue of illegal workers using or in possession of a forged or other person’s identity card, the CA handed down a sentencing guideline in March 2005. The Court found that for an offence of possession of a forged/other person’s identity card, even when the offender’s presence in Hong Kong is legal, the sentence should be 12 months’ imprisonment after a guilty plea. If the forged/other person’s identity card had been presented/used to conceal one’s status, so as to seek unlawful employment or to further one’s illegal stay in Hong Kong, the sentence should be 15 months’ imprisonment after a guilty plea.

An Announcement of Public Interest reminding employers about the consequence of hiring illegal workers.An Announcement of Public Interest reminding employers about the consequence of hiring illegal workers.

Besides, apart from the existing Announcement in the Public Interest (API) on television to remind the public of not employing illegal workers, the Department has since March 1, 2010 launched a new API on radio in Punti dialect, Putonghua and English to raise public awareness of the serious consequences of employing illegal workers who are holding immigration recognizance forms. The API highlights the sentencing guideline and aims to disseminate the message to members of the public that employer of illegal worker will be given immediate custodial sentence.

The Department encourages members of the public to provide information on unlawful employment by letter (address: 5/F, Skyline Tower, 39 Wang Kwong Road, Kowloon Bay, Kowloon), through the Department’s 24-hour hotline (2824 1551), by fax (2824 1166) or e-mail (anti_crime@immd.gov.hk).

‘Online Reporting of Immigration Offences' service facilitates members of the public to submit online reports to the Department of suspected immigration offences.‘Online Reporting of Immigration Offences' service facilitates members of the public to submit online reports to the Department of suspected immigration offences.

To provide members of the public an additional venue for reporting suspected immigration offences, the Department has implemented the ‘Online Reporting of Immigration Offences’ (www.immd.gov.hk/ehtml/eservices_b2.htm). Members of the public can make use of this service to submit an online report to the Department of suspected immigration offences, e.g. overstaying and employing illegal workers, etc. The Department will, through various channels, continue combating unlawful employment and appeal to members of the public not to employ illegal workers.

Immigration Task Force

Apart from conducting enforcement operations against immigration offenders, the Immigration Task Force also reinforces offices which require additional manpower resources to cope with the upsurge of workload. During the year, 10 764 enforcement operations, including 376 large-scale joint operations with other government departments, were conducted. A total of 4 358 immigration offenders were arrested.

Immigration Task Force and the Hong Kong Police Force conducted joint anti-illegal worker operations at various places.Immigration Task Force and the Hong Kong Police Force conducted joint anti-illegal worker operations at various places.Immigration Task Force and the Hong Kong Police Force conducted joint anti-illegal worker operations at various places.Immigration Task Force and the Hong Kong Police Force conducted joint anti-illegal worker operations at various places.

During the year, to cope with the prevailing trend of unlawful employment, the Task Force conducted a number of special operations codenamed ‘Greenlane’, ‘Fastrack’ and ‘Twilight’ targeting illegal workers working in various businesses. To protect job opportunities for the local workforce, the Task Force will continue stepping up enforcement actions against illegal workers and their employers.

Staff from our Department attending press conferences held after enforcement operations.Staff from our Department attending press conferences held after enforcement operations.Staff from our Department attending press conferences held after enforcement operations.
The Department from time to time distributes leaflets to store-keepers and appeals to them not to employ illegal workers.The Department from time to time distributes leaflets to store-keepers and appeals to them not to employ illegal workers.

To step up publicity campaigns against the hiring of persons not lawfully employable and to raise public awareness of the serious consequences of unlawful employment, a special team and a propaganda vehicle are often deployed to station at black spots of illegal workers. On the other hand, the Department from time to time distributes ‘Don’t Employ Illegal Workers’ leaflets to the store-keepers and disseminates the message in the talks or seminars organised by estate management companies, other government departments and public organisations.

The outstanding performance of the Immigration Task Force was recognised.The outstanding performance of the Immigration Task Force was recognised.

The Task Force was awarded the Gold Prize of the Team Award (Regulatory/Enforcement Service) in Civil Service Outstanding Service Award Scheme 2011.

Investigations into Forged Documents

The Department is extremely concerned about the use of forged travel documents, either for illegal migration, crimes or terrorism. Such illicit activities pose threat to immigration control and the security of the countries concerned and undermine the probity of the passports being forged. As syndicated forgery activity is a global problem, the Department works closely with the local, Mainland and overseas law enforcement agencies. Resolute actions are taken to detect the use of forged travel documents by travellers and illegal migrants who are in transit through Hong Kong to other countries. In 2011, the number of passengers spot-checked during enforcement operations in the Hong Kong International Airport increased by 20 per cent to 52 245 from 43 391 in 2010 while the number of forged travel documents detected decreased by 36 per cent to 829 as compared to 1 299 in 2010. Consequential to our continuous and stringent enforcement measures in curbing clandestine migration, the deterrent effect was obvious.

Since the issue of Hong Kong smart identity cards in June 2003, the Hong Kong smart identity card has become a target of forgery syndicate. In various operations conducted by the Department in 2011, a total of 75 forged Hong Kong smart identity cards were seized. To tackle the problem, the Department will continue launching various operations, intelligence collation and information exchange with relevant parties.

Immigration staff making use of an advanced video spectral comparator to detect suspected forged and unlawfully altered travel documents.Immigration staff making use of an advanced video spectral comparator to detect suspected forged and unlawfully altered travel documents.

To achieve more effective results, the Department uses sophisticated equipment to assist in the detection of forged documents. Such equipment includes the Electronic Documentation of Information System on Networks (EDISON), which is a computerised system keeping a large collection of digitised colour images of genuine travel document specimens. The Department is also equipped with Video Spectral Comparators which are particularly effective in the immediate detection of forged and unlawfully altered documents.

Immigration staff making use of the Mobile Imaging System and the FACES to detect people who attempt to circumvent immigration control by using different identities.Immigration staff making use of the Mobile Imaging System and the FACES to detect people who attempt to circumvent immigration control by using different identities.

The Department also makes use of compact hand-held forensic devices and forged document detectors to enable frontline officers to conduct quick examination of doubtful documents on the spot as well as the Face Recognition System (FACES) which is an effective ancillary tool in enhancing the detection of cases of multiple identities.

In addition, the Department uses advanced investigative analysis software to assist in the investigation and for detail analysis of intelligence on forgery and migrant trafficking syndicate activities.

Operational Research

The Operational Research Section is responsible for collecting, analysing and disseminating information relating to matters of interest to the Department. It keeps track of the modus operandi of human smuggling and the trends on the use of forged travel documents.

The work of the section not only enables the provision of intelligence on immigration matters to the staff within the Department but also enhances the exchange of intelligence with other government bodies, consulates and counterparts of the Mainland and overseas.

The Department maintains a close liaison and actively involves in the exchange of immigration intelligence with Mainland and overseas law enforcement agencies to combat transnational illegal migration activities.The Department maintains a close liaison and actively involves in the exchange of immigration intelligence with Mainland and overseas law enforcement agencies to combat transnational illegal migration activities.

During the year, workshops on the identification of forged travel documents and forged Hong Kong smart identity cards were given to our in-service officers, local, Mainland and overseas enforcement agencies. Moreover, talks on security features of Hong Kong smart identity cards and detection points of forged Hong Kong smart identity cards were delivered to personnel of other government departments, financial institution and legal sector who were regularly involved in the handling of identification documents.

The Enforcement Exhibition Gallery of the Department displays photographs, reports of enforcement actions, seized exhibits and various kinds of enforcement equipment.The Enforcement Exhibition Gallery of the Department displays photographs, reports of enforcement actions, seized exhibits and various kinds of enforcement equipment.

The section also maintains an Enforcement Exhibition Gallery. The gallery highlights the diversity of work and various achievements of the Enforcement Division through the display of photographs, reports of enforcement actions, seized exhibits and various kinds of enforcement equipment. Besides, the gallery stores over 34 000 forgery items unearthed by the Department. These items include forged documents such as passports, identity cards, certificates and implements fit for forgery such as stamps and dies. Specimens are also displayed for training and exhibition purposes.

Prosecution, Deportation and Removal

In 2011, 7 084 charges were laid against persons who had committed offences under the Immigration Ordinance and the Registration of Persons Ordinance, and offences relating to the registration of births, deaths and marriages in Hong Kong. Besides, a new section 38AA prohibiting illegal immigrants or people who are subject to a removal order or deportation order from taking any employment or establishing business, etc. was enacted under the Immigration (Amendment) Ordinance 2009, which came into effect on November 14, 2009. A person committing the offence is liable to a fine of $50,000 and to imprisonment for three years. After the commencement of the amended ordinance till the end of 2011, 318 people were prosecuted under the new offence.

The Department also processes deportation and removal order applications to keep out undesirables. In 2011, 637 and 786 persons were deported and removed respectively from Hong Kong.

Ma Tau Kok Detention Centre

Ma Tau Kok Detention CentreMa Tau Kok Detention Centre

The Department’s detention centre at Ma Tau Kok has been operating since February 1998. The centre runs round-the-clock and can accommodate up to 87 detainees at any one time. In 2011, there were 13 800 immigration offenders admitted to the detention centre.

Castle Peak Bay Immigration Centre

Takeover of the Management and Operation of Castle Peak Bay Immigration Centre

The Castle Peak Bay Immigration Centre (CIC) is an immigration detention facility for detaining immigration offenders (18 years old or above) who are awaiting repatriation/removal/deportation in accordance with the Immigration Ordinance. The CIC commenced operation in 2005. Owing to the then manpower situation, the Department and the Correctional Services Department (CSD) signed a Memorandum of Understanding (MoU) in 2004 under which the CSD would manage the CIC for a period of five years. Pursuant to the MoU, the management and operation of the CIC was taken over by the Department on April 15, 2010. The operation of the CIC had been running smoothly since the takeover. In 2011, there were 7 723 detainees admitted in the CIC pending removal/deportation.

Castle Peak Bay Immigration Centre provides round-the-clock detention facilities for immigration offenders aged 18 or above.Castle Peak Bay Immigration Centre provides round-the-clock detention facilities for immigration offenders aged 18 or above.

Training

In view of different nature of work between managing the CIC and other Immigration work, Immigration Service staff responsible for the operation of the CIC has to receive necessary training in relation to the management of a detention centre. The training courses last for three weeks, including a one-week Detention Centre Management Course and a two-week tactical training. The Detention Centre Management Course focuses on the daily operation of a detention centre while the tactical training is concerned with staff’s response during riotous situation. As a requisite for the renewal of the exemption permit under the Firearms and Ammunition Ordinance by the Police Licensing Office, Immigration staff are required to undergo refresher training organised by the CSD four times annually so that they are qualified to carry and use anti-riot equipment in the centre.

Immigration service staff responsible for the operation of the CIC receiving tactical training.Immigration service staff responsible for the operation of the CIC receiving tactical training.Immigration service staff responsible for the operation of the CIC receiving tactical training.Immigration service staff responsible for the operation of the CIC receiving tactical training.

Torture Claim Assessment

The Convention against Torture has been applied to Hong Kong since 1992. Pursuant to a Court of Final Appeal (CFA) judgment in a judicial review case in June 2004, the HKSAR Government has put in place an administrative screening mechanism for handling claims made under Article 3 of the Convention against Torture. Since then, there has been an upsurge in the number of torture claims made by persons coming mainly from the South Asian and African countries. Inquiries revealed that most of these torture claimants lodged their torture claims only after their having been arrested for contravening the laws in Hong Kong; having been notified of their removal; or having been rejected by the United Nations High Commissioner for Refugees (UNHCR) of their refugee claims.

Staff of the Torture Claim Assessment Section conducting assessment interview with a torture claimant in the presence of his legal representative and with the assistance of an interpreter.Staff of the Torture Claim Assessment Section conducting assessment interview with a torture claimant in the presence of his legal representative and with the assistance of an interpreter.

Pursuant to the judgment handed down by the Court of First Instance on December 5, 2008 which held, inter alia, that the blanket policy of denying legal representation to torture claimants were unlawful and failed to meet the high standards of fairness, the Administration had revised the administrative screening mechanism for torture claims. The enhanced mechanism, which commenced on December 24, 2009, included the provision of publicly-funded legal assistance to torture claimants through the Duty Lawyer Service. All of the torture claims were assessed in compliance with the high standards of fairness as lay down by the court. For torture claimants who have failed to establish their claims, they will be removed from Hong Kong in accordance with the laws of Hong Kong. Torture claimants whose claims are established will not be removed to places where there are substantial grounds for believing that they would be in danger of being subjected to torture. However, removal to places where they may be admitted without the danger of being subjected to torture may be considered. Furthermore, if subsequent changes in conditions of a place such that a torture claim established earlier in respect of that place can no longer be substantiated, removal to that place may be considered.

Unsuccessful torture claimants may lodge petition against the determinations made by the Immigration Department on their claims to the Security Bureau within 14 days of determination. The petition would be considered by the Adjudicators (Torture Petitions) as delegated by the Chief Executive under Article 48(13) of the Basic Law. Under the existing administrative procedures, an Adjudicator may consider the materials submitted by the parties and proceed to make final decision with or without conducting an oral hearing. As at end of 2011, a total of 532 torture claim petitions were received with 38 oral hearings conducted. In all these petitions, the determinations made by the Immigration Department were upheld by the Adjudicators.

If the claimants are aggrieved by the refusal of their petitions, they may apply for judicial review to challenge the refusal decision.

In addition, the Administration introduced the Immigration (Amendment) Bill 2011 to the Legislative Council on July 8, 2011, to underpin the enhanced screening mechanism in the proposed legislation in order to maintain high standards of fairness and to help reduce procedural abuse, e.g. claimants deploying delaying tactics by spreading out submission of evidence over a long period of time, repeated absence from interviews, reopening of claims after withdrawal, making subsequent new claims before removal, making false representations, etc.

On the other hand, despite that the 1951 United Nations Convention relating to the Status of Refugees does not apply to Hong Kong, some torture claimants challenged by way of judicial review, inter alia, the Administration’s policy of not independently investigating, considering and determining refugee claims. On July 21, 2011, the judgment was handed down by the Court of Appeal in favour of the Administration. The case was on appeal to the Court of Final Appeal pending hearing to be held from March 5 to 7, 2013.

Vietnamese Refugees, Migrants and Illegal Immigrants

Vietnamese Unit

Under the line management of the Deportation Section, the Vietnamese Unit is tasked to handle all matters relating to Vietnamese refugees, migrants and illegal immigrants. These include the overseas resettlement of Vietnamese refugees and the repatriation of Vietnamese migrants and illegal immigrants.

Resettlement Overseas

From 1975 to the end of December 2011, the Department assisted 143 714 Vietnamese refugees to settle overseas. Excluding those who have settled locally, there are 23 Vietnamese refugees still remaining in Hong Kong.

Repatriation

In the past, two different programmes were running side by side for the repatriation of non-refugees to Vietnam, namely, the UNHCR Voluntary Repatriation Programme and the Orderly Repatriation Programme introduced in 1991. By the end of the Voluntary Repatriation Programme in September 1997, 57 344 Vietnamese had returned to Vietnam under the Programme. As for the Orderly Repatriation Programme, a total of 19 210 Vietnamese migrants and illegal immigrants were repatriated as at the end of December 2011. Vietnamese migrants returned to Vietnam are given guaranty of non-persecution and international reintegration assistance, which are monitored by the UNHCR.

Local Resettlement Scheme

On February 22, 2000, a Widened Local Resettlement Scheme was implemented, allowing 973 Vietnamese refugees and 435 eligible Vietnamese migrants stranded in Hong Kong to apply for resettlement in Hong Kong. The Scheme was generally welcomed. As at the end of December 2011, the Department received a total of 1 400 applications.

Combating Illegal Migration and Human Smuggling

Hong Kong is a metropolitan city and an international traffic hub. Forgery facilitators and illegal migrants tend to make use of Hong Kong’s extensive and convenient transportation network as a transit point to seek entry overseas. The Department undertakes an active role in combating illegal activities and contributes in containing and preventing illegal migration from dispersion as well as preventing Hong Kong from being used as a springboard for human smuggling activities. The Special Investigation Section, formed in early 1980s, is specialised in the investigation of organised immigration offences, including human smuggling activities, occurring in or involving Hong Kong. It works closely with other law enforcement agencies in Hong Kong, the Mainland and overseas with the mutual aim to combat organised human smuggling activities.

During the year, the Department joined hands with the Hong Kong Police Force and the Guangdong Provincial Public Security Department to conduct a joint operation codenamed ‘Keycoder’, successfully neutralising a cross-boundary syndicate smuggling females from the Mainland into Hong Kong to engage in vice activities.

In 2011, the Department continued to play an active role in combating illegal migration and curb cases relating to Hong Kong residents applying for HKSAR passports for selling to human smuggling syndicates for monetary reward. In January 2011, a joint operation codenamed ‘Sandstorm’ was conducted by the Department and the Hong Kong Police Force to combat document fraud and boarding pass swap activities. Nine persons were arrested, including a male former member of the airport ground staff who was finally convicted of one count of conspiracy to obtain services by deception and jailed by the District Court for three years. In May 2011, the Department conducted another joint operation codenamed ‘Sting’ with the Hong Kong Police Force to apprehend passport brokers and passport sellers. One passport broker and five suspected passport sellers were arrested. Among them, the passport broker was sentenced to 36 months’ imprisonment and two passport sellers were sentenced to 10 months’ and 15 months’ imprisonment respectively after appearing at the District Court.

The Department, from time to time, conducts interdiction exercises at the Hong Kong International Airport to apprehend forged travel document users and forgery syndicate members. The exercises include operations on arrival and departure flights, spot checks of travel documents of arriving and departing passengers inside the transit lounge, at boarding gates and the SkyPier as well as surveillance operations. During the large-scale interdiction exercises carried out in June 2011, more than 620 departure/arrival flights and arrival ferries from the SkyPier together with over 1 200 passengers were spot-checked. As a result, four users of forged documents were apprehended, and three questionable passports and one questionable visa were seized. In addition, two Hong Kong residents were arrested for suspected involvement in the illegal transfer of HKSAR passports. The exercises reflect the Department’s determination in combating illegal migration activities.

Immigration investigators conducting interdiction exercises at the Hong Kong International Airport.Immigration investigators conducting interdiction exercises at the Hong Kong International Airport.Immigration investigators conducting interdiction exercises at the Hong Kong International Airport.

Besides, the Department is very concerned with the illegal entries of nationals of South Asian and African countries from the Mainland. In order to combat the problem, close liaison and intelligence exchange are maintained with the Hong Kong Police Force and the Mainland authorities for joint efforts in combating such illicit activities.

The Operational Research Section and Tactical Intelligence Group of Anti-Illegal Migration Agency closely monitor the latest trends on illegal migrants as well as the modus operandi adopted by human smuggling syndicates. They maintain close liaison with the local, Mainland and overseas authorities and representatives of foreign counterparts on the exchange of relevant intelligence and trends. Frontline officers would be alerted whenever new trends on forged travel documents and illegal migration are observed.

Combating Bogus Marriages

The Department has grave concerns about non-Hong Kong residents obtaining stay in Hong Kong by means of bogus marriages. These people contracted bogus marriages with Hong Kong residents in order to gain entry into Hong Kong and eventually for settlement.

On December 18, 2006, the Department set up a special task force to collate intelligence through various sources and to conduct thorough investigation with a view to taking prosecution actions against offenders. In December 2011, the Department conducted a large-scale operation codenamed ‘Flashspear’ and smashed a syndicate arranging cross-boundary bogus marriages. During the operation, a total of 19 people, including 2 core syndicate members, were arrested.

In 2011, a total of 280 persons, including the bogus couples and syndicated members, were prosecuted of offences relating to bogus marriages. The sentence upon conviction ranged from 12 to 18 months of imprisonment.

For people who have obtained their residence in Hong Kong by fraudulent means, their Hong Kong identity cards and residence status will be invalidated according to the laws of Hong Kong. They will also be subject to removal to their places of origin.

Exchange of Intelligence

In the fight against illegal migration, exchange of information and intelligence on global human smuggling activities and forgery trends is of utmost importance. The Department discusses issues on illegal migration, crimes and terrorism through frequent and regular meetings with major local consular missions. In 2011, the Department actively participated in international conferences and seminars, e.g. the ‘Bali Process – Senior Officials’ Meeting and the 4th Regional Ministerial Conference on People Smuggling, Trafficking in Persons and Related Transnational Crime’ held in Indonesia, the ‘Regional Forced Child Labor/Human Trafficking/Child Sex Tourism Training Conference’ held in Thailand and the ‘17th Pacific Rim Immigration Intelligence Conference’ held in Samoa. The Department has successfully established an effective communication network as well as working relationship with foreign counterparts in facilitating exchange of intelligence and proactive actions in combating illegal migration activities. Useful intelligence that may help detecting, disrupting or suppressing illegal migration activities is promptly disseminated through the established mechanism.

Representatives of the Department attended the 17th Pacific Rim Immigration Intelligence Conference held in Samoa.Representatives of the Department attended the 17th Pacific Rim Immigration Intelligence Conference held in Samoa.

In combating transnational illegal migration activities, the Department maintains a close liaison and actively involves in the exchange of immigration intelligence with local consulate officials, Mainland and overseas law enforcement agencies.

In September 2011, the Department continued to conduct a special joint operation codenamed ‘Sky League’ at the Hong Kong International Airport with the participation of local consulate representatives of Australia, Canada, France, Germany, the Netherlands, New Zealand, the United Kingdom and the United States of America, and with Macao police officers as advisers or observers. The operation aimed at detecting document fraud and forgery users, interdicting illegal migration activities, deterring irregularities in passenger traffic and strengthening co-operation with the local consulates in combating illegal migration. The operation led to the successful apprehension of four people in connection with document fraud and illegal migration activities.