Enforcement Branch
The Enforcement Branch is under the command of an Assistant Director. It has one division, namely, the Enforcement Division, which is headed by a Principal Immigration Officer.
The Enforcement Division is responsible for formulating and implementing policies in respect of investigation, deportation and removal. It is also responsible for prosecution of immigration offenders and management of the Castle Peak Bay Immigration Centre for detention of persons of 18 years old or above.
Investigation and Intelligence
The Immigration Department has made concerted efforts to uphold the laws of Hong Kong by investigating into offences under the Immigration Ordinance and the Registration of Persons Ordinance, and offences relating to the registration of births, deaths and marriages; instituting removal and deportation proceedings against illegal immigrants and undesirables; and maintaining intelligence on global immigration 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 6 July 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 28 June 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 the abuse of HKSAR passports, and collection and analysis of the latest modus operandi of forgery syndicates and users.
Mainland Illegal Immigration
In 2017, the number of Mainland illegal immigrants intercepted was 722 and four Mainland illegal immigrants involved in sex work were arrested. There was no surrendered pregnant Mainland illegal immigrant in 2016 and 2017.
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 2017, there was only one case of surrendered minor, while there was none in 2016.
Unlawful Employment
In 2017, the Department continued to maintain high vigilance on the problem of illegal workers and actively took 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 so as 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 2017, 6,038 illegal workers, including 4,302 persons engaged in sex work, were arrested, which represents a decrease of 0.5 per cent as compared with 6,070 in 2016. Most of the illegal workers were prosecuted and fined or imprisoned before repatriation to their places of domicile. Moreover, section 38AA of the Immigration Ordinance came into effect on 14 November 2009, which 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 Ordinance came into effect till the end of 2017, 1,800 persons were arrested on suspicion of breaching the Ordinance.
To combat offences relating to parallel trading activities, the Department has stepped up enforcement actions by mounting a series of anti-illegal worker operations codenamed ‘Windsand’ since September 2012. As at the end of 2017, a total of 505 operations were conducted with the apprehension of 3,383 Mainland visitors for breaching their conditions of stay by suspected involvement in parallel goods trading, and 18 local employers suspected of employing illegal workers. Among them, 224 Mainland visitors were convicted and sentenced to imprisonment ranging from four weeks to three months. According to the existing mechanism, the Department would pass the particulars of those Mainland visitors who have been convicted of illegal employment in Hong Kong to the Mainland authorities for cancellation of their exit endorsements and they would be prohibited from visiting Hong Kong for two years. For persons suspected of being involved in parallel goods trading but were not prosecuted, their future arrival would be closely scrutinised. They will be refused entry and repatriated to the Mainland immediately if their purposes of visit are dubious.
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.
Furthermore, for enhancing the effectiveness of curbing the problem of unlawful employment, the Department has set up an Anti-illegal Workers Combat Squad since January 2005 to provide a more speedy and robust combat force against illegal workers and their employers. The squad conducts plain-clothes patrol duties at black spots of illegal workers and takes speedy actions on reports of unlawful employment.
Employers of illegal workers were also prosecuted. In 2017, 275 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 a person not lawfully employable is a serious offence and the employer of an illegal worker should be sentenced to an immediate custodial sentence even for the first offence. The CA also stated that the presence of aggravating features, such as an element of exploitation, multiple employment of illegal workers or a repeated offence, 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. Consequently, there is an obvious decrease in the number of illegal workers taking up renovation work in well-managed housing estates.
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.
Apart from the Announcement in the Public Interest (API) on television to remind the public not to employ illegal workers, the Department has also launched an API on radio in Punti dialect, Putonghua and English to arouse public awareness of the serious consequences of employing holders of immigration recognizance forms for illegal employment. The API highlights the sentencing guideline and aims to disseminate the message to members of the public that employers of illegal workers will be given immediate custodial sentence.
The Department encourages members of the public to report immigration offences such as overstaying or employment of illegal workers by mail (address: 5/F, Skyline Tower, 39 Wang Kwong Road, Kowloon Bay, Kowloon), by calling the Department’s 24-hour hotline (2824 1551), by fax (2824 1166), by e-mail (anti_crime@immd.gov.hk) or by online reporting (www.gov.hk/orio). The Department will continue to combat unlawful employment through various channels and appeals to members of the public not to employ illegal workers.
Immigration Task Force
During the year, in order to curb the prevailing trend of unlawful employment, the Task Force also conducted a number of special operations codenamed ‘Twilight’, ‘Champion’ and ‘Flabbergast’ against illegal workers in various businesses. The Task Force will continue to step up enforcement actions against illegal workers and their employers to protect job opportunities of the local workforce.
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. The Department from time to time distributes ‘Don’t Employ Illegal Workers’ leaflets to store-keepers and disseminates the message in the talks or seminars organised by estate management companies, other government departments and public organisations when necessary.
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 2017, the Department conducted 28,751 anti-forgery operations. The number of forged travel documents detected was 515, representing an increase of 12 per cent as compared to 461 in 2016.
Since the issue of Hong Kong smart identity cards in June 2003, the Hong Kong smart identity card has become a target of forgery syndicates. In 2017, a total of 65 forged Hong Kong smart identity cards were seized during various operations conducted by the Department. To tackle the problem, the Department will continue to conduct various operations, intelligence collation and information exchange with relevant parties.
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.
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 and forensic system to assist in the investigation and for detailed analysis of intelligence on forgery and human smuggling 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.
During the year, workshops on the identification of forged travel documents and forged Hong Kong smart identity cards were conducted for our in-service officers, local and overseas enforcement agencies. Moreover, talks on security features of Hong Kong smart identity cards and techniques for identifying forged Hong Kong smart identity cards were delivered to personnel of other government departments, financial institutions and the legal sector who were regularly involved in the handling of identification documents.
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 36,700 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 2017, 5,761 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. Under section 38AA of the Immigration Ordinance which came into effect on 14 November 2009, illegal immigrants or persons who are subject to a removal order or deportation order must not take any employment or establish or join any business. A person committing the offence is liable to a fine of $50,000 and to imprisonment for three years. As at the end of 2017, 1,747 offenders were prosecuted.
The Department also processes deportation and removal order applications to keep out undesirables. In 2017, 537 and 1,506 persons were deported and removed respectively from Hong Kong.
Ma Tau Kok Detention Centre
Castle Peak Bay Immigration Centre (CIC)
In view of the different nature of work between managing the CIC and other immigration work, members of the Immigration Service responsible for the operation of the CIC have 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, members of the Immigration Service are required to undergo refresher training organised by the Correctional Services Department four times annually so that they are qualified to carry and use anti-riot equipment in the centre.
Combating Mainland Pregnant Women Coming to Hong Kong for Confinement by Illegal Means
The Department is committed to combating Mainland pregnant women giving birth in Hong Kong through illicit means. In 2017, the Department prosecuted 14 Mainland pregnant women who had overstayed to give birth in Hong Kong and five Mainland pregnant women who gave birth in Hong Kong through illicit means. They were all convicted and sentenced up to 15 months’ imprisonment.
To tie in with the implementation of ‘zero-quota’ policy promulgated by the HKSAR Government in 2013, the Department has set up a special task unit since November 2012 to collect relevant data from private hospitals for analysis so as to combat cases of obtaining ‘Confirmation Certificate on Delivery Booking’ for delivery in Hong Kong by means of bogus marriage. As at the end of 2017, a total of 438 doubtful cases were detected from about 28,200 delivery bookings with 49 persons being successfully prosecuted, which included 15 Mainland pregnant women, 28 Hong Kong resident husbands and six intermediaries.
To crack down on illegal hostels for Mainland pregnant women, the Department has worked closely with the Hong Kong Police Force and the Office of the Licensing Authority of the Home Affairs Department in exchanging intelligence and conducting joint operations since February 2012. In 2017, over 30 joint operations were conducted to inspect unlicensed guesthouses to deter non-local pregnant women from entering Hong Kong early in order to evade immigration examination.
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.
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 observation operations. In December 2017, the Department conducted a special joint operation codenamed ‘Sky League’ again at the Hong Kong International Airport with the participation of various local consulate representatives as advisers or observers. During the operation, 645 departure/arrival flights and arrival ferries from the SkyPier together with 825 passengers were spot-checked.
At the early stage of the commencement of the Unified Screening Mechanism, smuggling via the Mainland was one of the main ways of arrival of claimants to Hong Kong. Among them, the majority originated from countries not enjoying visa-free access to Hong Kong, including Vietnam, Pakistan and Bangladesh. The Department is very concerned about the situation, and has maintained close liaison and intelligence exchange with the Hong Kong Police Force (HKPF) and the Mainland authorities for joint efforts in combating these illicit activities at source. Since the commencement of the special operations in mid-February 2016, the border control departments and the exit and entry offices of relevant Mainland provinces have taken sustained enforcement action against illegal immigration activities in various Mainland provinces, leading to the interception of over 67,000 non-ethnic Chinese illegal immigrants. They also foiled 53 organised syndicates and 293 cases of attempted illegal entry into Hong Kong, involving over 3,400 persons. In the same period, the Department and the HKPF conducted seven joint operations with Mainland law enforcement agencies and successfully smashed a number of cross-boundary crime syndicates, resulting in the arrest of over 120 core members of smuggling syndicates in both places.
In May 2017, the Department and the HKPF conducted a joint operation codenamed ‘Topcuffer’ with the Public Security Frontier Corps of Guangdong and the Division of Exit-entry Administration of the Shenzhen Municipal Public Security Bureau, smashing a forgery syndicate specialising in producing forged Hong Kong Identity Cards (HKICs) for Vietnamese illegal immigrants and non-refoulement claimants. During the operation, a total of 11 core syndicate members were arrested in Shenzhen and Hong Kong, and a large number of forged identity cards and tools for forging HKICs were seized. In October 2017, another joint operation codenamed ‘Topland’ was conducted, cracking down on a cross-boundary syndicate specialising in smuggling Vietnamese illegal immigrants into Hong Kong. During the operation, a total of 19 persons, including 5 core syndicate members and 14 Vietnamese illegal immigrants, were arrested.
The Operational Research Section and Tactical Intelligence Group of Anti-Illegal Migration Agency closely monitor the latest trends on illegal migration 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 18 December 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.
To further combat bogus marriage cases, the Marriage Registries of our Department have stepped up checking on suspected cases, while the Investigation Sub-division has also initiated investigation into any suspected bogus marriages. With these measures in place, a number of suspected cases were swiftly detected and the persons involved were convicted of relevant offences.
In 2017, a total of 85 persons were convicted of offences relating to bogus marriages and were sentenced to jail terms ranging from 6 to 21 months.
The Department has been aware that some criminal syndicates have continually published via newspapers, instant messaging software and social networking mobile applications to induce young people to engage in bogus marriages for huge remuneration. Our special task force identified a syndicate that recruited young people to engage in bogus marriages. In December 2017, the Department conducted an undercover operation codenamed ‘Snare’ by deploying an officer disguised as a person seeking to contract bogus marriages and who was arranged to meet a bogus marriage intermediary. During the meeting, a syndicate mastermind, three core syndicate members and 12 Hong Kong or Mainland residents suspected of engaging in bogus marriages were arrested.
For persons who have obtained their residence in Hong Kong by fraudulent means, their HKICs 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.
Furthermore, to remind members of the public, including young people, of the possible consequences of participating in bogus marriages and the serious implications of committing related offences, the Department has from time to time disseminated information on crackdowns on bogus marriage syndicates and successful prosecutions of intermediaries and participants through channels such as press conferences, press releases and media interviews. To deliver the relevant information more effectively, the Department produced a short video about bogus marriages in September 2017. The Department will continue to deliver such messages via various innovative channels so as to remind members of the public not to participate in activities relating to bogus marriages.
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 2017, the Department actively participated in international and regional conferences and seminars, e.g. representatives from the Department attended the ‘5th INTERPOL Global Trafficking in Human Beings Conference’ held in Qatar, the ‘2017 World Border Security Congress’ held in Morocco, the ‘Bali Process Consultation Workshop on the Policy Guide on Following the Money in Trafficking in Persons Cases’ held in Indonesia, the ‘23rd International Border Police Conference’ held in Poland and the ‘INTERPOL Project Pacific Working Group Meeting’ held in the Philippines. The Department has successfully established an effective communication network as well as working relationship with foreign and Mainland 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.