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Author Archives: hksar gov

Illegal worker jailed

     An Indonesian illegal worker holding a recognisance form was jailed at Shatin Magistrates’ Courts yesterday (January 7).

     During an anti-illegal worker operation conducted on November 29, 2018, Immigration Department (ImmD) investigators raided a dishwashing company in Tuen Mun. A female Indonesian illegal worker, aged 33, was arrested. When intercepted, she was found to be washing dishes. Upon identity checking, she produced for inspection a recognisance form issued by the ImmD, which prohibits her from taking employment. Further investigation revealed that she was a non-refoulement claimant. An employer suspected of employing the illegal worker was arrested and the investigation is ongoing.

     The illegal worker was charged at Shatin Magistrates’ Courts yesterday with taking employment after landing in Hong Kong unlawfully and remaining in Hong Kong without the authority of the Director of Immigration or while being a person in respect of whom a removal order or deportation order was in force. She pleaded guilty to the charge and was sentenced to 15 months’ imprisonment.

     The ImmD 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.

     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 on 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

Transcript of remarks by CE at media session before ExCo meeting (with video)

     Following is the transcript of remarks by the Chief Executive, Mrs Carrie Lam, at a media session before the Executive Council meeting this morning (January 8):
 
Reporter: About land supply, is the Government intending to actually resume the entire Fanling Golf Course, or at the very least to resume part of it, so that you can actually build housing on it, rather than actually leaving it for recreational use?
 
Chief Executive: The subject of private recreational leases has been the subject of another extensive public consultation conducted by the Home Affairs Bureau, and that particular consultation has not completely concluded. In other words, the Home Affairs Bureau has not even submitted the report to me, so it would be unfair for myself or the Secretary for Development to jump into a conclusion on the whole subject of private recreational leases without taking into account that consultation and that study. And I really hope to steer people away from just focusing on one lease, that is, the Fanling Golf Course. The private recreational leases study concerns all the private recreational leases and at this moment I’m not sure how they are going to approach the subject or present its recommendations, but it would be only fair to tackle the subject in its entirety rather than dealing with one particular site.
 
(Please also refer to the Chinese portion of the transcript.) read more

Using good-as-new notes for lai-see

The following is issued on behalf of the Hong Kong Monetary Authority:

     As the Chinese New Year draws near, the Hong Kong Monetary Authority encourages the public to continue supporting the use of good-as-new notes for lai-see. Good-as-new notes are perfectly suitable for use as lai-see, given that Hong Kong’s currency notes are maintained at a high standard of cleanliness. The three note-issuing banks will start exchanging new notes on January 23. As in previous years, they will provide sufficient new and good-as-new notes in various denominations to meet demand for notes. 
      
     The note-issuing banks will supply the 2018 New Series HK$500 notes from the same day onwards. Following the issuance of the new HK$1,000 notes last December, the new HK$500 notes will enter circulation on January 23. read more