HK to increase penalty for overstayers

Immigration Tower in Wan Chai

Intensifying its crackdown on unlawful employment, the Hong Kong government is planning to increase the penalties for overstayers and those who employ illegal workers.

Secretary for Security John Lee told the Legislative Council last month that the government wanted to amend the Immigration Ordinance so that overstayers could be imprisoned for up to three years from the current maximum of two years.

“The Government has proposed legislative amendments against unlawful employment, including increasing the penalty on overstayers or persons refused landing for taking up unlawful employment by increasing the maximum imprisonment from two to three years,” Lee said.

He said this was to align their penalty with those of illegal immigrants who take up unlawful employment.

He said the government also wanted to increase the penalty for persons who employ illegal immigrants, overstayers and persons refused landing, by “increasing the maximum fine and imprisonment to $500,000 and 10 years respectively.”

“It is believed that by expediting screening, plugging procedural loopholes, increasing penalties for taking up unlawful employment and hiring illegal workers, further examining detention strategies which are lawful, feasible and effective, as well as sustaining efforts against smuggling of illegal immigrants and enhancing law enforcement, the incentives for lawbreakers to enter Hong Kong can be effectively eliminated,” he said.

The Security Bureau earlier said that the Immigration Department (Immd) had taken steps to reduce the economic incentives for non-refoulement claimants to take up unlawful employment in HK.

“ImmD has continued to step up targeted inspection and intelligence gathering against venues such as factories, restaurants and cafes, food processing plants, premises under renovation, recycling centres, container depots and warehouses, etc. in relevant districts, and to conduct raids as appropriate,” it said.

The Security Bureau also said that Hong Kong was planning to increase penalty for airlines that bring in travelers with questionable papers.

“At present, section 40 of the Immigration Ordinance provides that if a passenger who arrives in Hong Kong in an aircraft does not have a valid travel document, the owner of the aircraft and his agent shall be guilty of an offence and liable to a fine of $10,000,” the bureau said.

“To impose heavier responsibilities on airlines to check whether their passengers can enter Hong Kong legally, we are considering increasing the maximum fine to $100,000,” it added.