ImmD raided 75 target locations during anti-illegal worker operations, 16 persons arrested

The Immigration Department mounted a series of territory-wide anti-illegal worker operations codenamed "Lightshadow", "Twilight" and a joint operation with the Hong Kong Police Force codenamed "Windsand" for four consecutive days from May 15 to May 18. Photo shows suspected illegal workers arrested during an operation.

The Immigration Department (ImmD) raided 75 target locations for four consecutive days from May 15 to May 18. A total of 14 suspected illegal workers and two suspected employers were arrested.

During the anti-illegal worker operations, ImmD Task Force officers raided 75 target locations including car parks, industrial buildings, premises under renovation, residential buildings, restaurants and retail shops.

Nine suspected illegal workers and two suspected employers were arrested. The arrested suspected illegal workers comprised three men and six women, aged 28 to 51. Among them, one man and two women were holders of recognisance forms, which prohibit them from taking any employment. In addition, two men were suspected of using and being in possession of a forged Hong Kong identity card. Furthermore, one man and one woman, aged 38 and 51, were suspected of employing illegal workers and were also arrested.

Furthermore, during Operation “Windsand”, five Mainland visitors comprising four men and one woman, aged 26 to 49, were arrested for breaching their conditions of stay by being involved in suspected parallel trading activities at Ka Fu Close and San Wan Road in Sheung Shui district. The goods mainly included cosmetics products, daily necessities and skincare products.

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 $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 $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 $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 $350,000 and three years imprisonment to a fine of $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.