The following is issued on behalf of the Hong Kong Monetary Authority: The Hong Kong Monetary Authority (HKMA) today (September 27) published the September 2024 issue of its Quarterly Bulletin and Half-Yearly Monetary a… read more
The Immigration Department (ImmD) mounted a series of territory-wide anti-illegal worker operations codenamed “Lightshadow” and “Twilight”, and joint operations with the Hong Kong Police Force codenamed “Champion” and “Windsand”, for four consecutive days from September 23 to yesterday (September 26). A total of 15 suspected illegal workers, two suspected employers, one overstayer and one illegal immigrant were arrested.
During the anti-illegal worker operations, ImmD Task Force officers raided 37 target locations including a garage, premises under renovation and restaurants. Six suspected illegal workers were arrested. The arrested suspected illegal workers comprised six men, aged 24 to 43.
During operation “Champion”, enforcement officers raided 71 target locations in Eastern, Mong Kok and Western districts. Nine suspected illegal workers, two suspected employers, one overstayer and one illegal immigrant were arrested. The arrested suspected illegal workers comprised two men and seven women, aged 28 to 64. Among them, one woman was also suspected of using and being in possession of a forged Hong Kong identity card. Two women, aged 48 and 59, suspected of employing the illegal workers, were arrested. One female overstayer, aged 35, was arrested. One female illegal immigrant, aged 43, was also arrested.
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. 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.
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. Offenders are liable upon conviction to a maximum fine of $150,000 and to imprisonment for one year. In that connection, the spokesman reminded all employers not to defy the law by employing illegal workers. The ImmD will continue to take resolute enforcement action to combat such offences.
Under the existing mechanism, the ImmD will, as a standard procedure, conduct an 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 ImmD officers will conduct a full debriefing and identification by using a standardised checklist to ascertain the presence of TIP elements, such as threats 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 or temporary accommodation and other supporting services. The ImmD calls on TIP victims to report crimes to the relevant departments immediately.
Hong Kong Customs seized about 32 kilograms of suspected ketamine with an estimated market value of about $15 million in Yau Tong, Aberdeen and Kwun Tong yesterday (September 26). A 27-year-old man suspected to be connected with the case was arrested.
Through an in-depth investigation and data analysis, Customs yesterday searched two mini-storage warehouses in Yau Tong and Aberdeen. Upon searching, about 9kg and 15kg of suspected ketamine, which were in protein powder packaging, were found inside carton boxes in the warehouses respectively.
Later on the same day, Customs arrested the man suspected to be connected with the case in Kwun Tong, and escorted him to an industrial unit in the same district for a search. Customs officers further seized about 8kg of suspected ketamine and a batch of drug packaging paraphernalia therein.
The arrested man has been charged with three counts of trafficking in a dangerous drug. He will appear at the Eastern Magistrates’ Courts tomorrow (September 28).
Under the Dangerous Drugs Ordinance, trafficking in a dangerous drug is a serious offence. The maximum penalty upon conviction is a fine of $5 million and life imprisonment.
Members of the public may report any suspected drug trafficking activities to Customs’ 24-hour hotline 2545 6182 or its dedicated crime-reporting email account (crimereport@customs.gov.hk) or online form (eform.cefs.gov.hk/form/ced002).
The Government announced today (September 27) that the Minimum Allowable Wage (MAW) for foreign domestic helpers (FDHs) in Hong Kong will be increased by 2.5 per cent, from $4,870 to $4,990 per month.
In addition, under the Standard Employment Contract for hiring FDHs, employers are required to provide FDHs with food free of charge. At present, the vast majority of employers provide free food to FDHs. Employers may, however, choose to pay a food allowance in lieu. The food allowance will remain at not less than $1,236 per month.
The new level of MAW will apply to FDH contracts signed on or after tomorrow (September 28).
A Government spokesman said, “The Government reviews MAW for FDHs regularly. In accordance with the established mechanism, in this year’s review, we have carefully considered Hong Kong’s general economic and labour market conditions over the past year, as well as Hong Kong’s near-term economic outlook. Taking into account the aforementioned factors, the affordability of employers and the livelihood of FDHs, the Government has decided to adjust MAW. The Government has also reviewed the level of food allowance and, having taken into account the relevant consumer price indices, decided that the level should remain unchanged.”
FDH contracts signed today or before at the existing MAW of $4,870 per month will still be processed by the Immigration Department (ImmD), provided that the applications reach the ImmD on or before October 25 (Friday). This arrangement will give employers sufficient time to send the signed contracts to the ImmD for completion of the necessary application procedures. read more
The following is issued on behalf of the Communications Authority:
The Communications Authority (CA) has approved an application by Television Broadcasts Limited (TVB), a domestic free television programme service (free TV) licensee, for changes in its shareholding structure on account of the allotment of 20 million new shares to Shaw Brothers Limited (Shaw Brothers), the major shareholder of TVB.
According to TVB, the shareholding changes would not bring about any material change to the legal and beneficial ownership of the licensee. Upon the completion of the changes in the shareholding structure of TVB, which took effect today (September 27), Shaw Brothers’ shareholding in TVB is 25.02 per cent (Note) while there are changes to the shareholding of other parties in TVB.
In approving the application, the CA is satisfied that after completion of the shareholding changes, TVB will continue to comply with all applicable regulatory requirements under the Broadcasting Ordinance (Cap. 562) and its free TV licence, and be able to honour the investment and programming commitments it has made under its licence.
Note: Prior to the completion of the shareholding changes, Shaw Brothers’ shareholding in TVB was 21.66 per cent. read more