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Author Archives: hksar gov

Illegal worker jailed

     A Pakinstani illegal worker holding a recognisance form was jailed at Shatin Magistrates’ Courts yesterday (December 20).

    Immigration Department (ImmD) investigators received a referral from the Hong Kong Police Force to further investigate an illegal employment case in July. Enforcement officers arrested one male Pakinstani worker, aged 37, conveying goods in San Po Kong. Upon identity checking, he was found to be a holder of a recognisance form issued by ImmD, which prohibits him from taking employment, and further investigation revealed that he was a non-refoulement claimant.  

     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. After the trial, he was sentenced to 22 months’ and two weeks’ 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 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

Special traffic and transport arrangements for Christmas holidays

     The Transport Department (TD) today (December 21) reminded the public to take note of the special traffic and transport arrangements to be implemented during the Christmas holidays to facilitate holiday celebrations. Members of the public are urged to make use of public transport services as far as possible to avoid traffic congestion.
 
     Road closures and traffic diversions will be in effect in phases from late afternoon on Christmas Eve in districts including Central, Causeway Bay, Tsim Sha Tsui and Tsim Sha Tsui East. There will also be road closure arrangements in the vicinity of Victoria Park during the Hong Kong Brands and Products Expo. Roads in the vicinity of the main shopping and entertainment areas are expected to be busier than usual a few days before the holidays. Members of the public are advised to make use of public transport, avoid driving to busy areas and listen to the latest traffic news broadcasts.
 
     The TD also reminded pedestrians to pay attention to road safety during the festive holidays by observing traffic lights and walking on the pavement. Pedestrians should be considerate and patient, and follow advice or instructions given by the Police. Motorists are advised to drive with care and patience, especially in these busy areas, and should be aware that on-street parking spaces will be suspended due to road closures and traffic diversion arrangements.
     
     The MTR Island Line, Kwun Tong Line, Tsuen Wan Line, Tseung Kwan O Line, Tung Chung Line, East Rail Line (except to Lo Wu and Lok Ma Chau), Ma On Shan Line, South Island Line, West Rail Line and Light Rail Routes 505, 507, 610, 614P, 615P, 706 and 751 will operate around the clock on December 24.
 
     Some bus and minibus services will be extended or augmented during the Christmas holidays. Hong Kong Tramways and the Central to Mid-Levels escalator and walkway system will also provide extended services. In addition, the ferry service between Central and Tsim Sha Tsui will be extended during the Christmas holidays.
 
     The TD reminds the public that many public transport passengers are expected to travel via the land boundary control points during the holiday period. Passengers are advised to plan their journeys in advance and make their journeys during non-peak hours. As the waiting time for public transport services may be longer than usual if traffic at the control points is busy, passengers should observe order and heed advice from on-site police and staff of the public transport service operators concerned. Passengers are also advised to keep track of the latest traffic news.
 
     The TD and the Police will closely monitor local and cross-boundary traffic during the holidays and take appropriate action whenever necessary.
 
     Details of special traffic and transport arrangements during Christmas holidays are available at TD’s website (www.td.gov.hk). read more