Illegal workers sentenced to prison

A Vietnamese clandestine worker was yesterday (25 July) in the Judiciary Sha Tin Imprisoned.

In the "Dawning" operation conducted by the Department of Immigration (ImmD), a 35-year-old Vietnamese woman was arrested at a Tai Wai restaurant. When she was arrested, she was working on washing dishes. Upon inspection of the piece of identity, she presented a Vietnamese pbadport and the subsequent investigation revealed that she was an illegal immigrant. At the same time, she is suspected of having used and possessed identity documents suspected to be forged in Hong Kong. An employer suspected of hiring the clandestine worker has also been arrested and the case is still under investigation.

Arrested clandestine workers were arrested at the Sha Tin Magistracy yesterday for illegal immigration to Hong Kong or were the subject of a removal order or expulsion. They were detained in Hong Kong for a job without the authorization of the director of immigration. She pleaded guilty and was sentenced to 15 months in jail.

A spokesman for the Department of Immigration warned: "Under section 38AA of the Immigration Ordinance, illegal immigrants or people doing the same thing. 39, subject to removal or expulsion orders are not allowed to work.Offers are liable to a fine of up to $ 50,000 and a three-year jail term. The Court of Appeal has sentenced to imprisonment for a breach of the ordinance, a sentence of 15 months imprisonment.Offenders can be prosecuted and, on conviction, a fine of up to $ 100,000 and a 10-year prison sentence. "

The spokesman reiterated that employing an illegally employable person is a serious offense. On conviction, the maximum penalty is three years imprisonment and $ 350,000 fine. The High Court issued sentencing guidelines in this regard: employers who employ illegal workers must be sentenced to immediate imprisonment. According to the case law of the court, every person must take all practicable steps to determine that the employee is legally employable before deciding to hire an employee. In addition to checking the employee's identity card, the person clearly has the responsibility to ask for information from the employee, and any response provided by the employee will not cause reasonable doubt. the person of the legality of his job. In defense. If a job seeker does not have a Hong Kong permanent identity card, the employer must also check his valid travel document, punishable by a penalty of $ 25,000. maximum imprisonment of one year and a fine of $ 150,000.

The Department of Immigration will review and identify victims of trafficking in accordance with the standard procedures of the existing mechanism and will lead all vulnerable persons (including illegal workers, illegal immigrants, bad workers and aid workers). foreign servants) arrested in all operations. Initial examination. If the results of the preliminary examination indicate that indicators of human trafficking have emerged, the Immigration Department will conduct a comprehensive process of investigation and identification based on a list of standard control to determine if there are any elements of human trafficking. And if there is a nature of exploitation. Victims of identified human trafficking will receive support and badistance, including emergency response, consultations and treatment, counseling, shelter or temporary accommodation, and badistance. Other support services. The Department of Immigration calls on victims of trafficking to report crimes immediately to the relevant authorities.

End

July 26, 2018 (Thursday)
Hong Kong Time 10:42