Burst
Written by: Ling Yide
2021-05-07 17:26
The last update date: 2021-05-07 17:26
The Immigration Department launched an anti-illegal labor operation code-named "Operation Dawn" in various districts of Hong Kong for 4 consecutive days (May 3-6). The task force searched 45 target locations, including bars, parking lots, workshops, and nail art. Shops, massage shops, units under renovation, recycling shops, residential buildings, restaurants, retail shops and warehouses, arrested 9 suspected illegal workers, 3 suspected of hiring illegal workers, and a suspected of assisting and abettor.
The suspected illegal workers arrested were 4 men and 5 women, aged between 21 and 50.
One of the women held a letter of guarantee (commonly known as "shopping paper") that does not allow employment.
The employers arrested on suspicion of hiring illegal workers were 1 man and 2 women, aged between 42 and 53 years old.
In addition, a 47-year-old woman was arrested on suspicion of assisting and abetting others to violate conditions of stay in Hong Kong.
A spokesman for the Immigration Department said that anyone who violates the conditions of stay valid for him is a crime.
At the same time, all travellers are not allowed to engage in any employment work, regardless of whether they are paid or not, without the approval of the Director of Immigration.
Offenders will be prosecuted. Once convicted, the maximum penalty is a fine of 50,000 yuan and imprisonment for 2 years.
The aides and the abettors are guilty of the same crime.
According to Article 38AA of the Immigration Ordinance, illegal immigrants or persons subject to deportation orders or deportation orders are not allowed to accept paid or unpaid employment, start or participate in any business.
Once convicted, offenders can be fined up to 50,000 yuan and imprisoned for 3 years.
The Court of Appeal issued guidelines for sentencing for offences against the relevant regulations, based on 15 months’ imprisonment.
The spokesman reiterated that hiring people who are not lawfully employable is a serious crime. Once convicted, the maximum penalty is 3 years in prison and a fine of 350,000 yuan.
The High Court has issued sentencing guidelines on this, and employers who hire illegal workers must be sentenced to immediate imprisonment.
According to court precedent, before deciding to hire an employee, any person must take all practicable steps to ensure that the employee is legally employable.
In addition to checking the employee’s identity card, the person also has a clear responsibility to make inquiries to the employee, and any answers provided by the employee will not cause the person to reasonably doubt the legality of employing the employee, otherwise the court will not accept this As a defense.
If the job seeker does not have a Hong Kong permanent resident identity card, the employer must also check the job seeker’s valid travel document. Offenders can be sentenced to a maximum of one year’s imprisonment and a fine of 150,000 yuan after being convicted.
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