As at the end of 2023, the department conducted 10 joint operations with Mainland and local law enforcement agencies and smashed a number of cross-boundary crime syndicates, resulting in the arrest of 506 persons which included 164 core members of the syndicates.
Organisation Chart of the Enforcement Branch
Under the command of an Assistant Director, the Enforcement Branch comprises the Enforcement Division and the Counter-Terrorism and Intelligence Division, which are headed by a Senior Principal Immigration Officer and a Principal Immigration Officer respectively.
The Enforcement Division is responsible for formulating and implementing policies in respect of investigation, and handling immigration-related prosecutions. It is also responsible for formulating and implementing measures relating to deportation and removal (other than non-refoulement claims), and managing the Castle Peak Bay Immigration Centre, which is for the detention of persons of 18 years old or above. The Counter-Terrorism and Intelligence Division is responsible for formulating departmental strategies relating to counter-terrorism (CT) and taking relevant enforcement actions, and liaising with overseas, Mainland and local law enforcement agencies as well as consulates in Hong Kong for intelligence exchange. Officers of the Counter-Terrorism and Intelligence Division also serve as the department's representatives in the Inter-departmental Counter Terrorism Unit (ICTU).
The Immigration Department is committed to upholding 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 gathering intelligence on global immigration matters.
Officers of the department conducting spot checks on passengers' travel documents at the newly commissioned SkyPier Terminal.
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 local law enforcement agencies to combat organised human smuggling activities.
Illegal immigration 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. Since February 2016, the Special Investigation Section has commenced dedicated joint operations with the Mainland and local law enforcement agencies in order to take sustained enforcement actions against illegal immigration activities of non-ethnic Chinese (NEC). The effectiveness of the operations has been remarkable. The number of non-ethnic Chinese illegal immigrants (NECIIs) intercepted has been declining significantly since the latter half of 2016. As at the end of 2023, the department conducted 10 joint operations with Mainland and local law enforcement agencies and smashed a number of cross-boundary crime syndicates, resulting in the arrest of 506 persons which included 164 core members of the syndicates. In response to the illegal immigration of NEC into Hong Kong in the second half of 2023, the department mounted two joint enforcement operations code-named 'Mungoshunt-3' with the Guangdong law enforcement agencies in November 2023. Over 200 persons were arrested in Guangdong and Hong Kong, of whom most were NECIIs. About 20 arrangers were also arrested. With the ongoing efforts of the department and various law enforcement agencies, the number of NECIIs intercepted in December 2023 decreased by around 74 per cent from the peak in October 2023.
In 2023, the number of Mainland illegal immigrants intercepted was 351.
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 (HKIA) 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 continues to conduct operations against illegal migration and document fraud at HKIA in order to prevent anyone from entering Hong Kong or travelling to other countries/territories via Hong Kong with forged travel documents. In 2023, the AIM conducted 28,137 operations and spot-intercepted 23,464 passengers.
From November to December 2023, the AIM conducted a large-scale operation code-named ʻSky Leagueʼ at HKIA to combat document fraud and illegal migration, with the participation of various local consulate representatives as observers. During the operation, spot checks were conducted against 503 flights at the terminal building of HKIA, as well as 114 speedy ferries and 10 coaches at the SkyPier Terminal, while travel documents of 556 passengers were inspected.
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 2023, the department conducted a total of 5,315 initial screening under the TIP victim screening mechanism. Among them, 3,194 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 TIP 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.
The Immigration Task Force conducts surprise operations at black spots of illegal workers to combat illegal employment in Hong Kong.
Immigration Task Force officers distribute 'Don't Employ Illegal Workers' leaflets to shop owners.
To further combat offences relating to parallel trading activities, the department has stepped up enforcement actions by mounting a series of anti-illegal worker operations code-named 'Windsand'. As at the end of 2023, a total of 1,016 operations were conducted with the apprehension of 3,695 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, 235 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 2023, the department continued to maintain high vigilance against illegal workers and actively took tough and effective enforcement actions 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 2023, 2,924 illegal workers, including 1,620 sex workers, were arrested. Most of the illegal workers were prosecuted and fined or imprisoned before repatriation to their places of origin. 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 2023, 3,879 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 'Champion', 'Contribute', 'Fastrack', 'Flabbergast', 'Greenlane', 'Lightshadow', 'Powerplayer', 'Rally', 'Sahara' and 'Twilight' against illegal workers in various businesses. In 2023, the Task Force conducted 15,992 enforcement operations and a total of 2,681 immigration offenders were arrested.
Employers of illegal workers were also subject to arrest. In 2023, 502 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. People of the company concerned such as director(s), manager(s), secretary(ies) or partner(s) may also be subject to criminal liability. From the commencement of the amended Immigration Ordinance till the end of 2023, 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, by calling the department's 24-hour hotline, by fax, by e-mail or by online reporting. 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 other 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 2023, the department conducted 28,137 anti-forgery operations. The number of forged documents detected was 419, representing a rise of 284 per cent as compared to 109 in 2022.
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 for 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 the issue of the Hong Kong smart identity cards, forgery syndicates have attempted forging from time to time for illicit acts. In 2023, a total of 42 forged Hong Kong smart identity cards were seized by the department. To combat these illegal activities, 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 take up 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 overseas, Mainland and local law 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 frequently involved in the handling of proofs of identity.
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 purposes.
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 marriage registration cases, while the Investigation Sub-division has initiated investigations into suspected marriage cases. With these measures in place, a number of suspected marriage cases were swiftly uncovered 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 against bogus marriages and smashed a number of cross-boundary syndicates.
In one of the operations combating bogus marriages code-named 'Flashspear', the department, having carried out intelligence analysis of a case of suspected bogus marriage, found more than 20 other suspected bogus marriage cases with similar modus operandi and identified a crime syndicate which recruited and arranged Hong Kong residents to contract bogus marriages with Mainland residents. After an in-depth investigation, the department smashed the syndicate. During the operation, a total of 28 persons, including the mastermind of the syndicate, were arrested. In June 2023, the mastermind pleaded guilty to five counts of conspiracy to defraud at the District Court and was sentenced to 20 months' imprisonment. Apart from the mastermind of the syndicate, 15 persons involved were sentenced to jail terms ranging from 9 to 16 months. The operation is ongoing and more arrests may be made.
In addition, the department smashed a bogus marriage syndicate which was active in New Territories West in another operation also code-named 'Flashspear'. The syndicate built up and expanded their social network through mobile games to solicit local residents in the New Territories West area to engage in bogus marriages. The syndicate also disseminated messages via instant messaging software and offered large remunerations to induce local residents in need of 'quick cash' to contract bogus marriages with Mainland residents who intended to settle in Hong Kong. Having carried out intelligence analysis of dozens of suspected bogus marriages in similar modus operandi, the investigators identified the syndicate and its two masterminds, and further uncovered more than 128 bogus marriage cases. During the operation, a total of 154 persons involved, including the two masterminds of the syndicate, were arrested. In December 2023, the two masterminds pleaded guilty to 23 and 17 counts of conspiracy to defraud respectively at the District Court. They were each sentenced to 36 months' imprisonment. Apart from the two masterminds who were sentenced to imprisonment, 12 persons involved were sentenced to jail terms ranging from 10 to 20 months while some are still pending sentence. The operation is ongoing and more arrests may be made.
In 2023, a total of 87 persons were convicted of offences relating to bogus marriages and sentenced to jail terms ranging from 8 to 36 months. Among them, three core members of two bogus marriage syndicates were sentenced to imprisonment for a term ranging from 20 to 36 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.
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. 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.
The department actively participates in the CT work of the ICTU and delivers various CT messages to the members of the public through different publicity campaigns.
In the light of terrorist threat assessment and actual circumstances, the department will continue to take appropriate immigration control measures and step up interception and examination of suspicious travellers at various immigration control points. In addition, the department will monitor visitors suspected of being associated with terrorist activities so as to prevent such persons from attempting to enter Hong Kong. Any such persons intercepted at immigration control points may be refused permission to land and referred to relevant law enforcement agencies for follow-up. In 2023, a total of 13,370 operations were conducted by officers of the Counter-Terrorism and Intelligence Division at various immigration control points with 20,811 passengers intercepted.
To enhance the professional knowledge and awareness of CT-related issues among its staff, the department organises internal CT drills and training courses regularly for effective interception of suspicious visitors suspected of being involved in terrorist activities. In 2023, a total of 19 CT exercises were conducted and 105 CT training sessions organised, with an attendance of 1,764 staff members of the department.
In addition, the department actively participates in the CT work of the ICTU and delivers CT messages to the general public through various publicity campaigns with a view to enhancing their CT awareness and response capability so as to build a safe community together.
To keep Hong Kong free from terrorist threats, the department proactively exchanges CT intelligence with overseas, Mainland and local law enforcement agencies through different channels. Based on intelligence analysis, the department exercises effective immigration control in accordance with the law to refuse entry of persons who may pose a threat to the law and order of Hong Kong.
The department has multiple channels available for members of the public to report immigration offences, such as overstaying or employment of illegal workers. These channels include a 24-hour hotline, as well as reporting via fax, e-mail or online reporting.
In the large-scale enforcement operation codenamed 'Flashspear', the department successfully smashed a bogus marriage syndicate, which solicited local residents to engage in bogus marriage activities through mobile games.
A special operation code-named 'Sky League' was conducted by the department at Hong Kong International Airport, aiming at combating document fraud and illegal migration activities, with the participation of various local consulate representatives as observers.
The newly established small unmanned aircraft (SUA) team at CIC uses SUAs to assist in aerial patrols from all angles to combat indiscipline acts within the CIC.
In 2023, 4,263 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 amended Immigration Ordinance, illegal immigrants, persons subject to removal orders or deportation orders, overstayers or persons who were refused permission to land must not take any employment or establish or join in any business. A person committing the offence is liable to a maximum fine of $50,000 and three years' imprisonment. As at the end of 2023, 3,674 such offenders were prosecuted.
The department also processes deportation and removal order applications to keep out undesirables. In 2023, 759 and 1,271 persons were deported and removed respectively from Hong Kong.
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 2023, there were 5,195 admissions to the CIC. Among them, 2,756 were male and 2,439 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.
To further enhance the security of the CIC, a small unmanned aircraft (SUA) team was set up in April 2023 to assist the CIC staff in carrying out patrol duties with the use of SUA. With the assistance of SUA, the CIC staff can conduct aerial patrols round the clock at the peripherals of the CIC from all angles in order to detect any suspicious persons attempting to trespass on the CIC or detainees attempting to escape. Also, the SUA can assist in the detection of any suspicious items at spots that were previously inaccessible or inconspicuous, with a view to meeting the need of raid operations and further combating indiscipline acts in the CIC.
In view of the drastic change in the profile and composition of detainees at the CIC, as well as in the entire landscape of detention, the indiscipline or unco-operative cases have been getting more prevalent and complex. All these have posed severe challenges to the department's work in managing the CIC. In order to strike an appropriate balance between the need of maintaining proper order and discipline at the CIC and the fundamental rights and welfare of the detainees, the Immigration (Treatment of Detainees) Order (Cap. 115E) governing the treatment of detainees at the CIC was amended and came into effect on 1 November 2023. The amendments mainly include: for the purpose of assisting in the detection of drug possession and trafficking among the detainees, empowering the relevant officers at the CIC to conduct body cavity search on a detainee (generally through X-ray scan) where reasonable and necessary, and to require a detainee to submit urine specimen for examination and analysis; providing for more comprehensive offences against discipline; increasing the punishment for committing an offence against discipline; and putting in place an appeal mechanism against the punishment order.