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Author Archives: hksar gov

Two Hong Kong resident employers and four illegal workers jailed

     Two Hong Kong resident employers and four Indonesian illegal workers were jailed at Shatin and Tuen Mun Magistrates’ Courts on June 29 and 30 respectively.
 
     During an operation conducted by the Immigration Department (ImmD) codenamed “Twilight” on November 1, 2017, and a joint operation conducted by the ImmD and the Hong Kong Police Force codenamed “Champion” on February 6, enforcement officers raided a restaurant in Tsuen Wan and a container terminal in Kwai Chung respectively. Two Vietnamese illegal workers and one Bangladeshi illegal worker were arrested. Two Hong Kong resident employers of the illegal workers were also arrested during the operations.
 
     The illegal workers were jailed by Shatin Magistrates’ Courts earlier. The two Hong Kong resident employers were charged at Shatin Magistrates’ Courts on June 29 for being an employer of a person who was not lawfully employable as they did not take all practicable steps to ascertain whether the applicants were lawfully employable prior to employment. After trial, they were sentenced to three months’ imprisonment and six weeks’ imprisonment.
 
     In addition, during a joint operation conducted by the ImmD and the Hong Kong Police Force codenamed “Powerplayer” on June 27, enforcement officers raided a restaurant in Jordan. Two Indonesian female illegal workers, aged 38 and 39, were arrested. When intercepted, they were performing kitchen work. Upon identity checking, they produced for inspection recognisance forms issued by the ImmD, which prohibit them from taking employment. Further investigation revealed that they were non-refoulement claimants.
 
     Furthermore, during an anti-illegal worker operation mounted on June 27, ImmD investigators raided a restaurant in Yuen Long. Two female Indonesian illegal workers, aged 36 and 41, were arrested. When intercepted, they were serving customers and performing dish washing duty respectively. Upon identity checking, one of them 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. The other woman was an overstaying foreign domestic helper (FDH). They were also suspected of using and being in possession of Hong Kong identity cards relating to other persons. Meanwhile, a Hong Kong resident employer suspected of employing the illegal workers was also arrested and the investigation is ongoing.
 
     The three illegal workers holding recognisance forms were charged at Shatin and Tuen Mun Magistrates’ Courts on June 29 and 30 respectively 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. They pleaded guilty to the charges and were sentenced to 15 to 16 months’ imprisonment. In addition, one of them was also charged with one count of using a Hong Kong identity card relating to another person and one count of possessing a Hong Kong identity card related to another person. She was sentenced to 15 months and 12 months’ imprisonment respectively. All sentences are to run concurrently, making a total of 15 months’ imprisonment. For the other illegal worker, she was charged at Shatin Magistrates’ Courts on June 29 with one count of breaching conditions of stay by taking up unapproved employment in Hong Kong as an FDH. She pleaded guilty to the charge and was sentenced to six weeks’ imprisonment. She was also charged with one count of overstaying and one count of using a Hong Kong identity card related to another person. She was sentenced to 16 days and 15 months’ imprisonment respectively. All sentences are to run concurrently, making a total of 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 ImmD spokesman stressed that any person who contravenes a condition of stay in force in respect of him shall be guilty of an offence. An FDH should only take up employment as such and reside at the contractual address as stipulated in the contract, as approved by the Director of Immigration. Offenders are liable to criminal prosecution and upon conviction to a maximum fine of $50,000 and imprisonment for two years. Aiders and abettors are also liable to prosecution.
 
     The spokesman also warned that it is an offence to use or possess a forged Hong Kong identity card or an identity card relating 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 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

Update on cases of Legionnaires’ disease

     The Centre for Health Protection (CHP) of the Department of Health today (July 3) reported the latest number of cases of Legionnaires’ disease (LD), and stressed the importance of using and maintaining properly designed man-made water systems, and that susceptible groups should strictly observe relevant precautions.

     From June 24 to 30, four community-acquired LD cases were reported. They are:
 
1. A male patient, aged 70 with underlying illnesses, who lives in Chi Wo House, Wo Che Estate, Sha Tin;
2. A male patient, aged 76 with underlying illnesses, who lived in Kam Ping Building, 63-69 Kam Ping Street, North Point, and had passed away;
3. A male patient, aged 60 with good past health, who lives in Luna Court, 53-59 Kimberly Road, Tsim Sha Tsui; and
4. A male patient, aged 76 with underlying illnesses, who lives in Tung Tat Building, 390-392 Des Voeux Road West, Sai Ying Pun.

     “Epidemiological investigations are ongoing to identify potential sources of infection, high-risk exposure and clusters, if any,” a spokesman for the CHP said.

     As of June 30, 31 LD cases have been reported in 2018. In 2017 and 2016, there were 72 and 75 cases respectively.

     “Men, people aged over 50, smokers, alcoholics and persons with weakened immunity are more susceptible to LD. Some situations may also increase the risk of infection, including poor maintenance of water systems leading to stagnant water; living in areas with old water systems, cooling towers or fountains; using electric water heaters, whirlpools and spas or hot water spring spas; and recent stays in hotels or vessels,” the spokesman said.

     Legionellae are found in various environmental settings and grow well in warm water (20 to 45 degrees Celsius). They can be found in aqueous environments such as water tanks, hot and cold water systems, cooling towers, whirlpools and spas, water fountains and home apparatus which support breathing. People may get infected when they breathe in contaminated droplets (aerosols) and mist generated by artificial water systems, or when handling garden soil, compost and potting mixes.

     Immunocompromised persons should:
 

  • Use sterile or boiled water for drinking, tooth brushing and mouth rinsing;
  • Avoid using humidifiers, or other mist- or aerosol-generating devices. A shower may also generate small aerosols; and
  • If using these devices, fill the water tank with only sterile or cooled freshly boiled water, and not tap water. Also, clean and maintain them regularly according to manufacturers’ instructions. Never leave stagnant water. Empty the water tank, wipe all surfaces dry, and change the water daily.
     
     The public should observe the health advice below:
 
  • Observe personal hygiene;
  • Do not smoke and avoid alcohol;
  • Strainers in water taps and shower heads should be inspected, cleaned, descaled and disinfected regularly or at a frequency recommended by the manufacturer;
  • If a fresh water plumbing system is properly maintained, it is not necessary to install domestic water filters. Use of water filters is not encouraged as clogging occurs easily, which can promote growth of micro-organisms. In case water filters are used, the pore size should be 0.2 micrometres (µm) and the filter needs to be changed periodically according to the manufacturer’s recommendations;
  • Drain and clean water tanks of buildings at least quarterly;
  • Drain or purge for at least one minute the infrequently used water outlets (e.g. water taps, shower heads and hot water outlets) and stagnant points of the pipework weekly or before use;
  • Seek and follow medical advice regarding the use and maintenance of home respiratory devices and use only sterile (not distilled or tap) water to clean and fill the reservoir. Clean and maintain them regularly according to the manufacturer’s instructions. After cleaning/disinfection, rinse the device with sterile water, cooled freshly boiled water or water filtered with 0.2-µm filters. Never leave stagnant water. Empty the water tank, keep all surfaces dry, and change the water daily; and
  • When handling garden soil, compost and potting mixes:
     1. Water gardens and compost gently using low pressure;
     2. Open composted potting mixes slowly and make sure the opening is directed away from the face;
     3. Wet the soil to reduce dust when potting plants; and
     4. Avoid working in poorly ventilated places such as enclosed greenhouses.

     The public may visit the CHP’s LD page, the Code of Practice for Prevention of LD and the Housekeeping Guidelines for Cold and Hot Water Systems for Building Management of the Prevention of LD Committee, and the CHP’s risk-based strategy for prevention and control of LD. read more

Applications open for 2018 Hong Kong Youth Music Camp (Day Camp)

     â€‹The 2018 Hong Kong Youth Music Camp, organised by the Music Office of the Leisure and Cultural Services Department, will be held this month at Sai Kung Outdoor Recreation Centre. Day camp programmes will be available from Monday to Friday during July 16 and 27. Organisations, families and individual groups are welcome to join and visit music rehearsals and an exhibition on folk music, attend mini-concerts and play music games. Day camp participants can also use various recreational facilities at the camp site.
      
     The fee of the day camp will be $85 per person per day. A concessionary rate of $62 will apply to children, local/full-time students, senior citizens aged 60 and above, people with disabilities and their minder and participants from subvented organisations registered with the Social Welfare Department.
      
     Limited vacancies are now available on a first come, first served basis. Interested parties can now submit their applications to the Music Office’s Hong Kong Music Centre from 10am to noon and from 2pm to 4pm from today till July 10 (except the weekend). For enquiries, please call 2598 8335 or visit www.lcsd.gov.hk/musicoffice. read more