The department takes an active role in combating illegal migration and human smuggling and contributes to effectively controlling the spread of illegal migration as well as preventing Hong Kong from being used as a springboard for human smuggling activities. The Special Investigation Section is specialised in the investigation of organised immigration offences, including human smuggling activities occurring in or involving Hong Kong. It works closely with other overseas, Mainland and Hong Kong law enforcement agencies to combat organised human smuggling activities.

Smuggling via the Mainland was one of the main ways of arrival of non-refoulement claimants in 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 been maintaining 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. The Special Investigation Section has conducted special operations with the Mainland and local law enforcement agencies to make sustained efforts to combat illegal immigration activities of non-ethnic Chinese. The effectiveness of the operations has been remarkable. The number of non-ethnic Chinese illegal immigrants (NECIIs) intercepted has been declining significantly since the later half of 2016. In 2022, a monthly average of 40 NECIIs were intercepted (with a total of 482 persons intercepted in the year), representing a drop of about 87 per cent as compared with the monthly average of 318 persons during the peak period in 2015 (with a total of 3,819 persons intercepted in the year). From February 2016 to the end of 2022, the department conducted 10 joint operations with Mainland law enforcement agencies and the HKPF and smashed a number of cross-boundary crime syndicates, resulting in the arrest of 506 persons involved, including 164 core members of smuggling syndicates.

In 2022, the number of Mainland illegal immigrants intercepted was 673.

The Anti-Illegal Migration Agency (AIM) was formed to prevent Hong Kong from being used as a springboard for human smuggling activities. Its main charter includes investigations of cases of travel document forgery, human smuggling activities and illegal migration intercepted at Hong Kong International Airport and other control points, focused investigations of forgery syndicates involved in the abuse of HKSAR passports, and collection and analysis of the latest modus operandi of forgery syndicates and users.

The AIM maintains close liaison with overseas, Mainland and local law enforcement agencies and representatives of foreign counterparts for the exchange of relevant intelligence and trends. The Operational Research Section closely monitors the latest trends in illegal migration and the modus operandi adopted by human smuggling syndicates. Frontline officers will be instantly alerted whenever new trends in the forgery of travel documents and in illegal migration are observed.

The department continued to conduct operations against illegal migration and document fraud at Hong Kong International Airport in order to prevent anyone from entering Hong Kong or travelling to other countries/territories via Hong Kong with forged travel documents. In 2022, the AIM conducted 18,287 operations and spot-checked 14,974 passengers.

In December 2022, the AIM conducted a large-scale operation code-named ʻSky Leagueʼ at Hong Kong International Airport to combat document fraud and illegal migration, with the participation of various local consulate representatives as observers. During the operation, the travel documents of 489 passengers of 568 flights and 35 arriving ferries at the SkyPier were spot-checked.

Immigration officers have all along been conducting screening and making identification of persons susceptible to exploitation who are arrested or who put themselves forward to the authorities under the TIP victim screening mechanism, with a view to ascertaining whether they are TIP victims.

To implement the 'Action Plan to Tackle Trafficking in Persons and to Enhance Protection of Foreign Domestic Helpers in Hong Kong', the Foreign Domestic Helpers Special Investigation Section (FIS) was set up with the key tasks of conducting initial screening before vetting visa applications from foreign domestic helpers (FDHs) so as to facilitate early identification of potential TIP victims and cases of exploitation of FDHs, and conducting investigations where necessary.

In 2022, the department conducted a total of 3,127 initial screening under the TIP victim screening mechanism. Among them, 1,811 were conducted by the FIS in respect of FDH visa applicants.

To heighten staff's TIP awareness, the department has included the topic of TIP in the induction and in-service training courses of all officers. In addition, relevant enforcement officers will attend workshops on tackling human trafficking co-organised by the HKSAR government and overseas law enforcement agencies.

As a member of the Inter-departmental Joint Investigation Team, the department will continue to discuss the latest TIP trends and exchange intelligence with other members, including the HKPF, the Customs and Excise Department and the Labour Department, and conduct joint investigations/operations against TIP activities.

To combat offences relating to parallel trading activities, the department has stepped up enforcement action by mounting a series of anti-illegal worker operations code-named 'Windsand'. As at the end of 2022, a total of 921 operations were conducted with the apprehension of 3,625 Mainland visitors for breaching their conditions of stay by suspected involvement in parallel goods trading, and 20 local employers suspected of employing illegal workers. Among them, 233 Mainland visitors were convicted and sentenced to imprisonment ranging from four weeks to three months. According to the existing mechanism, the department will pass the particulars of those Mainland visitors convicted of illegal employment in Hong Kong to the Mainland authorities for cancellation of their exit endorsements and they will be prohibited from visiting Hong Kong for two years. For Mainland visitors suspected of being involved in parallel goods trading but are not prosecuted, their future arrival will be closely scrutinised. They will be refused entry and repatriated to the Mainland immediately if their purposes of visit are dubious.

In 2022, the department continued to maintain high vigilance against illegal workers and actively took tough and effective enforcement action against unlawful employment of illegal immigrants, visitors, FDHs and imported workers subject to specific employment conditions so as to protect the local labour market. Measures taken included widely publicising related government policies and regulations, and conducting frequent inspections on black spots of illegal workers, such as restaurants, dishwashing factories, premises under renovation, factories, food production factories, waste materials recycling factories, container depots and warehouses. In 2022, 1,180 illegal workers, including 294 persons engaged in sex work, were arrested. Most of the illegal workers were prosecuted and fined or imprisoned before repatriation to their places of domicile. Besides, the expansion of scope of persons prohibited from taking employment under section 38AA of the amended Immigration Ordinance, which took effect from 1 August 2021, enabled the department to combat illegal employment more comprehensively and effectively. From the commencement of section 38AA in November 2009 till the end of 2022, 3,395 persons were arrested on suspicion of breaching the ordinance.

In order to curb the prevailing trend of unlawful employment and safeguard job opportunities for the local workforce, the Immigration Task Force conducted a number of special operations code-named 'Breakthrough', 'Champion', 'Flabbergast', 'Greenlane', 'Lightshadow', 'Powerplayer', 'Rally', 'Sahara' and 'Twilight' against illegal workers in various businesses. In 2022, the task force conducted 14,288 enforcement operations, including 279 large-scale joint operations with other government departments. A total of 1,149 immigration offenders were arrested.

Employers of illegal workers were also subject to arrest. In 2022, 448 employers were arrested for employing illegal workers. As a deterrent measure, the Court of Appeal (CA) laid down a sentencing guideline, reaffirming that employing a person not lawfully employable is a serious offence and the employer of an illegal worker should be given an immediate custodial sentence even for the first offence. The CA also stated that the presence of other aggravating factors, such as exploitation of illegal workers, employment of multiple illegal workers or repeated offences, would in most cases substantially increase the sentence. Furthermore, relevant penalties have been increased under the amended Immigration Ordinance, which took effect from 1 August 2021. The maximum penalty for being the employer of a person who is not lawfully employable and who is a prohibited employee has been significantly increased from a fine of $350,000 and three years' imprisonment to a fine of $500,000 and 10 years' imprisonment to reflect the gravity of the offence. The director, manager, secretary, partner, etc of the company concerned may also be subject to criminal liability. From the commencement of the amended Immigration Ordinance till the end of 2022, there were already some employers of prohibited employees being sentenced to immediate imprisonment for up to nine months.

Moreover, the department produced an Announcement in the Public Interest (API) entitled 'Don't Hire Illegal Workers' to remind employers that employing persons who are not lawfully employable is a serious criminal offence liable to immediate imprisonment. The API has been broadcast on television and uploaded to the department's YouTube channel.

To raise public awareness and enable employers to understand the serious consequences of unlawful employment, Immigration officers and promotional vehicles are deployed to black spots of illegal workers from time to time to distribute promotional leaflets on 'Don't Employ Illegal Workersʼ to employers and advise them on how to identify persons who are lawfully employable while reminding them to inspect the original Hong Kong Identity Cards (HKICs) of job seekers for verification.

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 appeal to members of the public not to employ illegal workers.

The department is highly concerned about the use of forged travel documents for illegal migration, crimes or terrorism. Such illicit activities not only pose threat to the immigration control and security of the countries concerned but also undermine the trustworthiness of the passports being forged. As syndicated forgery is a global problem, the department works closely with overseas, Mainland and local law enforcement agencies to conduct covert investigations into cases of forged documents. Resolute actions are taken to detect the use of forged travel documents by travellers and illegal migrants in transit through Hong Kong to other countries/territories. In 2022, the department conducted 18,287 anti-forgery operations. The number of forged documents detected was 109, representing a rise of 94.6 per cent as compared to 56 in 2021.

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 in the use of forged travel documents. The section also pays attention to information such as the latest travel documents, proofs of identity and visas issued by various countries, and provides the related information for frontline staff's reference on a regular basis.

For more accurate detection of forged documents, the department uses sophisticated equipment to assist in investigations. 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 specimens of genuine travel documents issued by various countries. The department is also equipped with Video Spectral Comparators, which are particularly useful in the immediate detection of forged and unlawfully altered documents.

Apart from sophisticated equipment, the department also makes use of compact hand-held forensic devices and forged document detectors to facilitate quick examination of doubtful documents on the spot by frontline officers. Its Face Recognition System (FACES) can also enhance the detection of cases of multiple identities effectively.

Since its issue, the Hong Kong smart identity card has become a target of forgery syndicates. In 2022, a total of 24 forged Hong Kong smart identity cards were seized by the department. To tackle the problem, the department will continue to step up its enforcement actions, information collation and exchange of intelligence with relevant parties.

According to the sentencing guideline handed down by the CA, for an offence of possession of a forged/another 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/another person's identity card had been presented or 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.

The Operational Research Section conducts regular workshops on identification of forged travel documents and forged Hong Kong smart identity cards for our in-service officers, and officers of 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 financial institutions and the legal sector who were regularly involved in the handling of proofs of identity. During the COVID-19 pandemic, some of the workshops and talks were held by video conferencing.

The section also maintains an Enforcement Exhibition Gallery, which highlights the diversity of work and various achievements of the Enforcement Division through the display of photographs and reports of enforcement actions, seized exhibits and various kinds of enforcement equipment. Moreover, the gallery stores over 38,200 forgery items unearthed by the department. These items include forged documents, such as passports, identity cards and certificates, and implements fit for forgery, such as stamps and dies. Specimens are also displayed for training and exhibition purposes.

The department is dedicated to combating immigration-related cyber crimes. With the advancement of information technology, lawbreakers have switched to various online social media platforms or instant messaging applications to organise illegal activities and entice members of the public to commit serious offences such as illegal employment, contracting bogus marriages and HKSAR passport trading. In view of this, the Cybercrime and Forensics Investigation Group (CFIG) has been commissioned to assist frontline investigators in collecting digital evidence so as to strengthen the ability of case investigation and evidence collection. CFIG members will make use of different digital forensic tools to carry out professional digital forensic examinations on electronic exhibits such as computers and smartphones seized during investigations, as well as to process and analyse digital data for the purpose of tendering them as evidence in court. Besides, the department also actively maintains close liaison and exchanges of expertise with other law enforcement agencies for joint efforts in combating cyber crimes.

The department has grave concerns about non-Hong Kong residents coming for residence 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.

To combat bogus marriage cases, the Marriage Registries of the department have stepped up checking on suspected cases, while the Investigation Sub-division has initiated investigations into suspected cases. With these measures in place, a number of suspected cases were swiftly detected and the persons involved were convicted of relevant offences.

Our special task force has been aware that some criminal syndicates have continually published messages via newspapers, instant messaging software and social networking mobile applications to induce young people to engage in bogus marriages through promising huge remuneration. In recent years, the department had conducted various operations code-named 'Flashspear', 'Snare', etc, against bogus marriages and smashed a number of cross-boundary syndicates.

In one of the operations code-named 'Flashspear 2020', the department, having carried out intelligence analysis of and in-depth investigations into two cases of suspected bogus marriages, found more than 30 other suspected bogus marriage cases with similar modus operandi and identified a core syndicate member who recruited and arranged for Hong Kong residents to contract bogus marriages with Mainlanders. After months of preparation, the department successfully cracked down a bogus marriage syndicate. During the operation, a total of 39 persons, including the core syndicate member who was believed to have arranged at least 37 bogus marriages cases, involving more than HK$1.5 million, were arrested. In early 2022, the core syndicate member pleaded guilty to nine counts of conspiracy to defraud at the District Court and was sentenced to 28 months' imprisonment. Among the 39 arrestees, 25 were charged, of which 21, other than the core syndicate member, had pleaded guilty to the offence of conspiracy to defraud and were sentenced to imprisonment for a term ranging from 8 to 18 months, while the remaining three are pending sentence.

In addition, the department had smashed a bogus marriage syndicate involving the most cases in recent years. The criminal syndicate published messages via newspapers, instant messaging software and social networking mobile applications to induce young people to engage in bogus marriages through promising huge remuneration. The investigators, having collected evidence through various channels, identified the syndicate which arranged for young people to engage in bogus marriages and two of its core members, and further uncovered more than 100 bogus marriage cases. Upon in-depth investigation, the department successfully smashed the bogus marriage syndicate. During the operation, a total of 176 Hong Kong and Mainland residents involved were arrested. In mid-2022, a male mastermind was convicted of five counts of conspiracy to defraud and one count of conspiracy to obtain services by deception while another female core syndicate member was convicted of five counts of conspiracy to defraud at the District Court. They were each sentenced to 33 months' imprisonment. Apart from the two syndicate members who were sentenced to imprisonment, 48 persons involved were sentenced to jail terms ranging from 8 to 26 months while some are still pending sentence. The operation is ongoing and more arrests may be made.

In 2022, a total of 67 persons were convicted of offences relating to bogus marriages and sentenced to jail terms ranging from 8 to 33 months. Among them, three core members of two bogus marriage syndicates were sentenced to imprisonment for a term ranging from 28 to 33 months.

For persons who have obtained their residential status in Hong Kong by fraudulent means, their HKICs and residential qualification will be invalidated according to the laws of Hong Kong. They will also be subject to repatriation to their places of origin.

To remind members of the public, including young people, of the serious consequences of participating in bogus marriages, the department from time to time disseminates information on crackdowns on bogus marriage syndicates and intermediaries as well as the arrest of persons engaging in bogus marriages through various channels such as press releases and media interviews. In addition, the department has produced a short video to warn the public against falling into the trap of bogus marriages, which has been uploaded to the department's YouTube channel. The department will continue to deliver such messages by effective means so as to remind members of the public not to participate in illegal activities such as bogus marriages.

In the fight against illegal migration, exchange of information and intelligence on global human smuggling and forgery trends is of utmost importance. The department has successfully established an effective communication network and a good working relationship with overseas and Mainland counterparts, thereby facilitating the exchange of intelligence and proactive action against illegal migration and terrorist activities. Useful intelligence that may help detecting, disrupting or suppressing illegal migration and terrorist activities will be promptly disseminated through the established mechanism.

The CIC is an immigration detention facility for detaining immigration offenders (18 years old or above) who are awaiting repatriation/removal/deportation under the Immigration Ordinance or the final determination of their non-refoulement claims. In 2022, there were 2,793 admissions to the CIC. Among them, 1,467 were male and 1,326 were female.

To ensure that the personnel stationed at the CIC are sufficiently capable of handling the daily operations of the CIC and responding to emergencies, the department regularly provides them with various kinds of training, including fire drills, simulation and scenario training (eg the handling of self-harm/suicide/attempted suicide cases), psychological support, resistance control, escort skills, and the use of arms and relevant anti-riot equipment. Furthermore, an emergency response team has been established in the CIC to provide quick tactical support.

The MTKDC, which runs round the clock, is an immigration facility for short-term detention of detainees pending inquiry, prosecution, court hearings or transfer to other detention facilities. In 2022, there were 2,566 admissions to the MTKDC. Among them, 1,196 were male and 1,370 were female.