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9 people arrested during anti-illegal worker operations by ImmD

The Immigration Department mounted a series of territory-wide anti-illegal worker operations codenamed "Lightshadow" and "Twilight" on May 10 and May 12. Photo shows suspected illegal workers arrested during an operation. (HK govt)

The Immigration Department (ImmD) mounted a series of territory-wide anti-illegal worker operations codenamed "Lightshadow" and "Twilight" on May 10 and yesterday (May 12). A total of six suspected illegal workers, one suspected employer and two suspected aiders and abettors were arrested.

During the operations, ImmD Task Force officers raided 19 target locations including a fish stall, food and beverage areas, restaurants, retail shops and a vegetable stall. The arrested suspected illegal workers comprised two men and four women, aged 41 to 64. Among them, one woman was a holder of a recognisance form, which prohibits her from taking any employment. Furthermore, one man, aged 48, was suspected of employing the illegal workers. Meanwhile, two women, aged 18 and 41, suspected of aiding and abetting persons who breached their condition of stay in Hong Kong, were also arrested.

An ImmD spokesman said, "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. Offenders are liable to prosecution and upon conviction face a maximum fine of HK$50,000 and up to two years' imprisonment. Aiders and abettors are also liable to prosecution and penalties."

The spokesman warned, "As stipulated in section 38AA of the Immigration Ordinance, an illegal immigrant, a person who is the subject of a removal order or a deportation order, an overstayer or a person who was refused permission to land is 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 HK$50,000 and up to three years' imprisonment. Under the prevailing laws, it is an offence to use or possess a forged Hong Kong identity card or a Hong Kong identity card related to another person. Offenders are liable to prosecution and upon conviction face a maximum fine of HK$100,000 and up to 10 years' imprisonment."

The spokesman reiterated that it is a serious offence to employ people who are not lawfully employable. Under the Immigration Ordinance, the maximum penalty for an employer employing a person who is not lawfully employable, i.e. an illegal immigrant, a person who is the subject of a removal order or a deportation order, an overstayer or a person who was refused permission to land, has been significantly increased from a fine of HK$350,000 and three years' imprisonment to a fine of HK$500,000 and 10 years' imprisonment to reflect the gravity of such offences. The director, manager, secretary, partner, etc, of the company concerned may also bear criminal liability. The High Court has laid down sentencing guidelines that the employer of an illegal worker should be given an immediate custodial sentence.

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