Regarding protesters gathering at Immigration Headquarters in Wan Chai earlier, despite the fact that most of the protesters have dispersed peacefully, there are still about 10 protesters currently gathered at Immigration … read more
The following is issued on behalf of the Legislative Council Secretariat: Details of the meetings of the Legislative Council (LegCo) and its Committees to be held in the LegCo Complex during the week from June 24 to 28 are a… read more
The Immigration Department (ImmD) mounted a territory-wide anti-illegal worker operation codenamed “Twilight” from June 17 to 20. A total of 16 illegal workers and six suspected employers were arrested.
During the operation, ImmD Task Force officers raided 55 target locations including construction sites, parks, residential buildings, restaurants and warehouses. Sixteen illegal workers and six employers were arrested. The illegal workers comprised seven men and nine women, aged 31 to 59. Among them, one man was a holder of a recognisance form, which prohibits him from taking any employment. In addition, four men and six women were suspected of using and being in possession of forged Hong Kong identity cards or identity cards relating to another person. Meanwhile, two men and four women, aged 28 to 56, were suspected of employing the illegal workers.
“Any person who contravenes a condition of stay in force in respect of him shall be guilty of an offence. Also, visitors are not allowed to take employment in Hong Kong, whether paid or unpaid, without the permission of the Director of Immigration. Offenders are liable to prosecution and upon conviction face a maximum fine of $50,000 and up to two years’ imprisonment. Aiders and abettors are also liable to prosecution and penalties,” an ImmD spokesman said.
The spokesman warned that, as stipulated in section 38AA of the Immigration Ordinance, illegal immigrants or people who are the subject of a removal order or a deportation order are prohibited from taking any employment, whether paid or unpaid, or establishing or joining in any business. Offenders are liable upon conviction to a maximum fine of $50,000 and up to three years’ imprisonment. The Court of Appeal has issued a guideline ruling that a sentence of 15 months’ imprisonment should be applied in such cases. It is an offence to use or possess a forged Hong Kong identity card or a Hong Kong identity card related to another person. Offenders are liable to prosecution and a maximum penalty of a $100,000 fine and up to 10 years’ imprisonment.
The spokesman reiterated that it is a serious offence to employ people who are not lawfully employable. The maximum penalty is imprisonment for three years and a fine of $350,000. The High Court has laid down sentencing guidelines that the employer of an illegal worker should be given an immediate custodial sentence. According to the court sentencing, employers must take all practicable steps to determine whether a person is lawfully employable prior to employment. Apart from inspecting a prospective employee’s identity card, the employer has the explicit duty to make enquiries regarding the person and ensure that the answers would not cast any reasonable doubt concerning the lawful employability of the person. The court will not accept failure to do so as a defence in proceedings. It is also an offence if an employer fails to inspect the job seeker’s valid travel document if the job seeker does not have a Hong Kong permanent identity card. The maximum penalty for failing to inspect such a document is imprisonment for one year and a fine of $150,000.
Under the existing mechanism, the ImmD will, as a standard procedure, conduct initial screening of vulnerable persons, including illegal workers, illegal immigrants, sex workers and foreign domestic helpers, who are arrested during any operation with a view to ascertaining whether they are trafficking in persons (TIP) victims. When any TIP indicator is revealed in the initial screening, the officers will conduct a full debriefing and identification by using a standardised checklist to ascertain the presence of TIP elements, such as threat and coercion in the recruitment phase and the nature of exploitation. Identified TIP victims will be provided with various forms of support and assistance, including urgent interference, medical services, counselling, shelter, temporary accommodation and other supporting services. The ImmD calls on TIP victims to report crimes to the relevant departments. read more
As the Police Headquarters was surrounded by protestors with roads obstructed in the vicinity, a total of 28 calls of 999 hotline in Wan Chai District could not be immediately handled as at 3.35pm today (June 21). Extra re… read more
The Lands Department (LandsD) announced today (June 21) that a site, New Kowloon Inland Lot No. 6607 at Shing Kai Road adjoining Kai Tak Sports Park, Kai Tak, Kowloon in the 2019-20 Land Sale Programme will be disposed of by public tender. The tender invitation for the lot will commence on June 28 and close on August 9.
New Kowloon Inland Lot No. 6607 has a site area of about 11 276 square metres and is designated for non-industrial (excluding residential, godown and petrol filling station but including hotel) purposes. The minimum gross floor area and the maximum gross floor area are 24 000 square metres and 32 000 square metres respectively.
Land sale documents including the Form of Tender, the Tender Notice, the Conditions of Sale and the sale plan of the lot will be available for downloading from the LandsD’s website (www.landsd.gov.hk), and the sale plan will be available for distribution and inspection by the public from June 28, when the particulars of the tender will also be gazetted. read more