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Author Archives: hksar gov

Food premises in Eastern District ordered to suspend business for seven days

     â€‹A spokesman for the Food and Environmental Hygiene Department today (June 27) said that a food premises in Eastern District, which was found to be in breach of the Food Business Regulation (FBR) during the department’s special operation targeting the hygienic condition of food premises, was prosecuted and subsequently convicted by the court. With the demerit points accumulated under the Demerit Points System (DPS), the licence of the premises will be suspended for seven days.

     The spokesman said that since improper handling of food waste by food premises can give rise to rodent problems, the FEHD ran a five-week special operation from early December last year to January this year to target irregularities of food premises such as food preparation, scullery hygiene, improper storage of articles and illegal dumping of refuse at rear lanes (including dumping of bagged refuse in small hours), with a view to enhancing awareness of rodent prevention and control among the operators of food premises, and taking stringent enforcement action.

     A conviction for the above-mentioned breaches was recorded against the food premises concerned earlier this year. As a cumulative total of 15 demerit points was registered against the licensee under the DPS, the contraventions resulted in seven days’ business suspension.

     The spokesman reminded licensees of food premises to comply with the FBR, and to keep their premises and the nearby environment clean and hygienic in order to prevent rodent infestation, or they may be subject to prosecution resulting in licence suspension or cancellation.

     To enhance the effectiveness of related operations, the FEHD undertook another round of targeted operations from May 20 to June 23, and on June 24 launched a new round special enforcement operation lasting nine weeks to sustain its efforts in curbing such illegal activities and improving environmental hygiene to help combat the rodent problem.

     For the five-week operation carried out between May and June, the FEHD issued 2 207 advisory letters, 423 verbal warnings, four warning letters, 142 fixed penalty notices and took out 119 prosecutions. As regards the food premises with demerit points registered for relevant offences, the FEHD will continue to follow up with the suspension or cancellation of licences according to the established mechanism. read more

Community service order for man convicted of assaulting FEHD officer and obstructing public officer in execution of duty

     â€‹A man was sentenced to 120 hours’ community service by the Eastern Magistrates’ Court today (June 27) each for assaulting a Food and Environmental Hygiene Department (FEHD) officer and for obstructing a public officer in execution of his duty. The sentences are to run concurrently.
      
     In addition, the man was also fined $1,500 for depositing litter in a public place.
      
     The court heard that the incident took place on January 10 this year when a man refused to co-operate and assaulted an FEHD officer when the officer tried to issue a fixed penalty notice to him for depositing litter in a public place at Jaffe Road, Wan Chai.
      
     “To use force against law enforcement officers is inappropriate and also carries legal consequences. Members of the public should co-operate with public officers in execution of their duties,” an FEHD spokesman said. read more

Fifteen immigration offenders arrested

     The Immigration Department (ImmD) mounted a territory-wide anti-illegal worker operation codenamed “Twilight” on June 24 and 26. A total of 10 illegal workers and five suspected employers were arrested.

     During the operation, ImmD Task Force officers raided 29 target locations including commercial buildings, a garbage collection depot, a hostel, an industrial building, a massage parlour, offices, a recycling site and restaurants. Ten illegal workers and five employers were arrested. The illegal workers comprised three men and seven women, aged 27 to 54. Among them, three men and two women were suspected of using and being in possession of forged Hong Kong identity cards. Meanwhile, three men and two women, aged 24 to 55, were suspected of employing the illegal workers.

     “Any person who contravenes a condition of stay in force in respect of him 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,” an ImmD spokesman said.

     The spokesman warned that, as stipulated in section 38AA of the Immigration Ordinance, illegal immigrants or people who are the subject of a removal order or a deportation order are 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. The Court of Appeal has issued a guideline ruling that a sentence of 15 months’ imprisonment should be applied in such cases. 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 a maximum penalty of a $100,000 fine and up to 10 years’ imprisonment.

     The spokesman reiterated that it is a serious offence to employ people who are not lawfully employable. The maximum penalty is imprisonment for three years and a fine of $350,000. The High Court has laid down sentencing guidelines that the employer of an illegal worker should be given an immediate custodial sentence. According to the court sentencing, employers must take all practicable steps to determine whether a person is lawfully employable prior to employment. Apart from inspecting a prospective employee’s identity card, the employer has the explicit duty to make enquiries regarding the person and ensure that the answers would not cast any reasonable doubt concerning the lawful employability of the person. The court will not accept failure to do so as a defence in proceedings. It is also an offence if an employer fails to inspect the job seeker’s valid travel document if the job seeker does not have a Hong Kong permanent identity card. The maximum penalty for failing to inspect such a document is imprisonment for one year and a fine of $150,000.

     Under the existing mechanism, the ImmD will, as a standard procedure, conduct initial screening of vulnerable persons, including illegal workers, illegal immigrants, sex workers and foreign domestic helpers, who are arrested during any operation with a view to ascertaining whether they are trafficking in persons (TIP) victims. When any TIP indicator is revealed in the initial screening, the officers will conduct a full debriefing and identification by using a standardised checklist to ascertain the presence of TIP elements, such as threat and coercion in the recruitment phase and the nature of exploitation. Identified TIP victims will be provided with various forms of support and assistance, including urgent interference, medical services, counselling, shelter, temporary accommodation and other supporting services. The ImmD calls on TIP victims to report crimes to the relevant departments. read more