A Pakistani illegal worker was jailed by Shatin Magistrates' Courts yesterday (January 21).

     During an anti-illegal worker joint operation conducted by the Immigration Department (ImmD), the Hong Kong Police Force, the Customs and Excise Department and the Food and Environmental Hygiene Department on January 19, enforcement officers arrested a male Pakistani illegal worker, aged 21, who was found working as a hawker in Central.

     The illegal worker was charged at Shatin Magistrates' Courts yesterday with establishing business after landing in Hong Kong unlawfully and remaining in Hong Kong without the authority of the Director of Immigration or while being a person in respect of whom a removal order or deportation order was in force. He pleaded guilty to the charge and was sentenced to 15 months' imprisonment.

     The ImmD 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.
    
     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 intervention, medical services, counselling, shelter, temporary accommodation and other supporting services. The ImmD calls on TIP victims to report crimes to the relevant departments.

     The Secretary for Security, Mr John Lee, today (January 22) was deeply saddened by the death of three Customs officers whilst on duty last night (January 21) and offered his deepest condolences to their family members.

     "I am deeply grieved at the passing of the three officers. The Government and the Customs and Excise Department will render their family members full support and assistance they may require, helping them to tide over this difficult time," Mr Lee said.       

      Mr Lee also expressed sympathy to the other two officers who were injured in the incident and wished them a speedy recovery. 
 

     A property owner was convicted and fined $61,000 at the Fanling Magistrates' Courts this month for failing to comply with a removal order issued under the Buildings Ordinance (Cap 123) (BO).
      
     The order involved a 7-metre-long unauthorised steel staircase on the flat roof of a domestic flat, which gave access to the roof of the flat, and illegal removal of part of the parapet wall on the roof in a building at Fo Chun Road, Tai Po.
      
     As the above unauthorised building works (UBWs) were carried out without prior approval from the Buildings Department (BD), contravening the BO, a removal order was served on the owner under section 24(1) of the BO.
      
     Failing to comply with the order, the owner was prosecuted by the BD, and was convicted and fined on January 7.
      
     "UBWs may adversely affect the structure and fire safety of a building, leading to serious consequences. Owners should seek professional advice before carrying out any building works in their premises," a spokesman for the BD said today (January 22).
      
     Pursuant to section 40(1BA) of the BO, any person who, without reasonable excuse, fails to comply with an order served on him under section 24(1) of the BO commits an offence and is liable on conviction to a fine of $200,000 and imprisonment for one year, as well as a further fine of $20,000 for each day that the offence has continued.

     The Secretary for the Civil Service, Mr Joshua Law, today (January 22) expressed deep sorrow over the passing of three Customs officers who were carrying out duties near Sha Chau last night (January 21).

     Mr Law said, "On behalf of the civil service, I offer my deepest condolences to their families. The Civil Service Bureau will offer them all the assistance they may require."

      Mr Law also sent his regards to the other two officers who were injured in the incident and wished them a speedy recovery.

Attention TV/radio announcers:

Please broadcast the following as soon as possible:

Here is an item of interest to swimmers.

     The Leisure and Cultural Services Department announced today (January 22) that due to big waves, red flag has been hoisted at Clear Water Bay Second Beach in Sai Kung District. Beach-goers are advised not to swim at the beach.