Government outlines significant penalties for offenders
A series of anti-illegal worker operations led by Hong Kong's Immigration Department (ImmD) over the past two days resulted in the arrest of 13 individuals, including 12 suspected illegal workers and one employer, the government announced on Friday.
The operations, codenamed "Twilight" and "Champion," targeted a range of locations across the city.
The ImmD, in cooperation with the Hong Kong Police Force, conducted these operations on August 28 and 29, with raids carried out at a total of 45 locations. The targeted sites included residential buildings, restaurants, and premises under renovation. Six illegal workers were arrested during the "Twilight" operation, which took place at 12 locations.
Among those detained were two men and four women, aged between 29 and 50. One of the women was found holding a recognisance form, a document that explicitly prohibits her from taking up any form of employment. She was also suspected of possessing forged Hong Kong identity cards.
In the joint operation with the Hong Kong Police Force, known as "Champion," enforcement officers raided 33 sites in the Eastern District, resulting in the arrest of six illegal workers and one employer. The illegal workers included four men and two women, aged 26 to 59, while the employer, a 43-year-old woman, was apprehended for allegedly hiring these illegal workers.
A spokesperson for the Immigration Department emphasized the legal implications of these offences.
"Any person who contravenes a condition of stay in force in respect of him or her 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," the spokesperson said.
Those found guilty could face significant penalties, including a maximum fine of HK$50,000 and up to two years' imprisonment. Individuals who aid or abet such activities are also subject to prosecution and similar penalties.
The spokesperson noted that the penalties for employers have been increased substantially under the Immigration Ordinance.
"The maximum penalty for an employer employing a person who is not lawfully employable has been significantly increased from a fine of $350,000 and three years' imprisonment to a fine of $500,000 and 10 years' imprisonment.”
This adjustment reflects the government's commitment to addressing the issue with greater severity. Furthermore, those in managerial or leadership positions within companies that employ illegal workers, such as directors and partners, may also be held criminally liable.
In addition to enforcing the law against illegal workers, the Immigration Department has established a protocol for identifying potential victims of human trafficking (TIP). As part of their standard procedure, ImmD officers conduct an initial screening of vulnerable persons, including illegal workers, illegal immigrants, sex workers, and foreign domestic helpers, who are arrested during operations.
"When any TIP indicator is revealed in the initial screening, the ImmD officers will conduct a full debriefing and identification by using a standardized checklist to ascertain the presence of TIP elements," the spokesperson explained. If trafficking indicators are identified, the individuals are offered support, including medical services, counseling, and temporary shelter.
The Hong Kong government has repeatedly urged employers to comply with immigration laws, emphasizing the importance of verifying the legal status of employees before hiring.
"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," the spokesperson reiterated.
Failure to perform these checks is not an acceptable defense in legal proceedings, and employers could face fines of up to HK$150,000 and imprisonment for one year for non-compliance.
