Forgery-cum-illegal worker syndicate neutralised by Immigration Department

     The Immigration Department (ImmD) has conducted an operation codenamed "Pathcatcher" since December 2019 and successfully neutralised a forgery-cum-illegal worker syndicate. The core syndicate member, a female Mainlander aged 56, was convicted of four counts of conspiracy to make false instruments, and was sentenced to 16 months' imprisonment at the District Court today (May 7). The defendant had been sentenced to 15 months' imprisonment upon conviction of possessing forged HKICs, possessing a false instrument and breach of condition of stay at the Magistrates' Courts earlier.   

     The other core syndicate members, including two male Mainlanders aged 29 and 35, were each sentenced to 32 months' imprisonment upon conviction of conspiracy to transfer forged HKICs, possessing forged HKICs and breach of condition of stay at the District Court on October 30, 2020. In addition, the 17 arrestees involved in the case were also sentenced upon conviction of conspiracy to use or possess forged HKICs, using or possessing forged HKICs or breach of condition of stay respectively at the Magistrates' Courts earlier.

     The ImmD received a report in late 2019 that three forged HKICs were concealed in two postal envelopes. During an investigation, ImmD investigators successfully identified a forgery-cum-illegal worker syndicate which provided a one-stop service to recruit Mainlanders for seeking illegal employment in Hong Kong and provided them with forged HKICs. The investigation also revealed that the syndicate would arrange jobs and lodging for the illegal workers, and make profits from them for such arrangements. 

     After an in-depth investigation and intelligence analysis, the ImmD had launched enforcement actions codenamed "Pathcatcher" since December 2019. A total of 21 target locations were raided, including 13 residential addresses and eight working places. A total of 27 persons (comprising 19 Mainlanders and eight Hong Kong residents) with ages ranging from 30 to 71 were apprehended, including three core syndicate members from the Mainland. A total of 13 forged HKICs were also unearthed in the operation. A considerable amount of forged HKIC images were detected in the arrestees' mobile phones. It is believed that the syndicate has been smashed by this large-scale operation. The department will continue to co-operate with various law enforcement agencies to counter cross-border criminal activities.

     The ImmD spokesman warned that, under the laws of Hong Kong, anyone who uses or possesses a forged HKIC commits an offence. Offenders are liable to prosecution and, upon conviction, a maximum penalty of a fine of $100,000 and 10 years' imprisonment. Any person who without lawful authority or reasonable excuse transfers to another person an HKIC commits an offence. Offenders are liable to prosecution and, upon conviction, a maximum penalty of a fine of $100,000 and 10 years' imprisonment. Moreover, 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. 

     The spokesman said 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 an 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 threats 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 intervention, medical services, counselling, shelter, temporary accommodation and other supporting services. The ImmD calls on TIP victims to report crimes to the relevant departments.




Hong Kong Customs seizes suspected heroin worth over $15 million (with photos)

     â€‹Hong Kong Customs yesterday (May 6) seized 44 pieces of clothing soaked with suspected heroin with a total weight of about 12 kilograms at Hong Kong International Airport. The estimated market value of the drug was about $15.8 million.

     Customs officers yesterday inspected an air express parcel, declared as carrying ladies clothes, arriving from Afghanistan en route to Australia via Hong Kong and found the 44 pieces of clothing inside were suspicious, such as having a sour smell, looking stiffer than usual for clothes and being heavier. Upon in-depth examination, the batch of clothing was found to be soaked with suspected heroin. It was believed that the culprits had intended to impregnate the clothes with liquid heroin to evade detection by Customs officers.

     An investigation is ongoing.

     Customs will continue to make use of intelligence analysis, risk assessment and international co-operation to step up action against drug trafficking activities through postal parcels or express courier channels. 
      
     Under the Dangerous Drugs Ordinance, trafficking in a dangerous drug is a serious offence. The maximum penalty upon conviction is a fine of $5 million and life imprisonment.

     Members of the public may report any suspected drug trafficking activities to Customs' 24-hour hotline 2545 6182 or its dedicated crime-reporting email account (crimereport@customs.gov.hk).

Photo  Photo  



Public hospitals daily update on COVID-19 cases

The following is issued on behalf of the Hospital Authority:

     As at 9am today (May 7), five COVID-19 confirmed patients were discharged from hospital in the last 24 hours. So far, a total of 11 473 patients with confirmed or probable infection have been discharged.
 
     At present, there are 616 negative pressure rooms in public hospitals with 1 155 negative pressure beds activated. A total of 85 confirmed patients are currently hospitalised in 15 public hospitals and the North Lantau Hospital Hong Kong Infection Control Centre, among which three patients are in critical condition, two are in serious condition and the remaining 80 patients are in stable condition.
 
     The Hospital Authority will maintain close contact with the Centre for Health Protection to monitor the latest developments and to inform the public and healthcare workers on the latest information in a timely manner.
 
     The case numbers of the discharged, critical and serious patients are as follows:
 

Discharged 11405, 11714, 11736, 11768, 11784
Critical 6794, 8078, 9907
Serious 10358, 11764



Hong Kong ranked third most preferred seat for arbitration globally

     The Department of Justice has welcomed the 2021 International Arbitration Survey released by Queen Mary University of London today (May 7) in which Hong Kong is ranked the third most preferred seat for arbitration worldwide.

     "Hong Kong's strength in dispute resolution is premised on its infrastructure, business opportunities and pool of talents. Our Judiciary is independent and impartial while our common law system provides a degree of certainty and predictability for investors and the international business community," the Secretary for Justice, Ms Teresa Cheng, SC, said.

     The shift of the global economy is without a doubt moving to Asia. It is inevitable that more transactions generate more disputes. Ideally, disputes should be dealt with inside the region, preferably where the transactions took place, for reasons of costs and efficiency, and importantly an understanding of the culture.

     It should be noted that the unique advantage under "one country, two systems" allows Hong Kong to enter into the game-changing interim measures arrangement with the Mainland which took effect in 2019. Hong Kong is the only jurisdiction outside the Mainland where parties to arbitral proceedings would be able to apply to the Mainland courts for interim measures. The availability and enforceability of interim measures plays an important role in the choice of seat of arbitration.

     Hong Kong has a pool of experienced professionals with international perspectives not just in legal and dispute resolution services but also in areas such as financial services, accounting, engineering, shipping and information technology.

     "The result of the 2021 International Arbitration Survey is a recognition of our long-standing and unwavering commitment to the promotion of arbitral services. However, we should not be complacent about our existing competitive edge. We endeavour to explore new initiatives with a view to consolidating Hong Kong's status as an international legal hub for legal, deal-making and dispute resolution services," Ms Cheng said.




Meetings of Legislative Council and its Committees

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 May 10 to 14 are available in the meeting schedule attached.
 
     The information in the meeting schedule is subject to change. Please refer to the "LegCo Calendar" on the LegCo Website (www.legco.gov.hk) for the latest details of meetings.
 
     Members of the public can watch or listen to the meetings via the "Webcast" system on the LegCo Website. To observe the proceedings of the meetings at the LegCo Complex, members of the public may call 3919 3399 during office hours to reserve seats.