Tag Archives: China

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Fifteen persons arrested during anti-illegal worker operations (with photo)

     The Immigration Department (ImmD) mounted territory-wide anti-illegal worker operations codenamed “Twilight” and “Rally” for four consecutive days from November 29 to yesterday (December 2). A total of 11 suspected illegal workers and four suspected employers were arrested.

     During the operations, ImmD Task Force officers raided 56 target locations including a construction site, food and beverage areas, food stalls, premises under renovation and restaurants. A total of 11 suspected illegal workers and four suspected employers were arrested. The arrested suspected illegal workers comprised five men and six women, aged 26 to 54. Among them, two men and two women were holders of recognisance forms, which prohibit them from taking any employment. In addition, one woman was suspected of using and being in possession of a forged Hong Kong identity card. Three men and one woman, aged 30 to 61, 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, 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 or a Hong Kong identity card related to another person. 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 would like to remind 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 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, temporary accommodation and other supporting services. The ImmD calls on TIP victims to report crimes to the relevant departments immediately.

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Approved Cha Kwo Ling, Yau Tong, Lei Yue Mun Outline Zoning Plan amended

     The Town Planning Board today (December 3) announced amendments to the approved Cha Kwo Ling, Yau Tong, Lei Yue Mun Outline Zoning Plan (OZP).

     The amendments mainly involve the rezoning of various sites for public housing developments, including rezoning two sites abutting Cha Kwo Ling Road mainly from “Undetermined” (“U”) and “Green Belt” (“GB”) to “Residential (Group A)8” and rezoning parcels of land within the ex-Cha Kwo Ling Kaolin Mine Site from “Residential (Group B)2”, “Residential (Group B)3”, “Residential (Group B)4” and “Open Space” (“O”) to “Residential (Group A)9”. 

     Other amendments include the rezoning of various sites from “U” and “GB” to “Government, Institution or Community” (“G/IC”) for a proposed joint-user government complex and to reflect the existing roadside facilities, from “U” to “G/IC(1)” for a proposed sub-divisional fire station cum ambulance depot, from “GB” to “G/IC” for enlarging a school site, from “O” to “Other Specified Uses” annotated “Amenity Area” for proposed roadside verge greening, and from “U” and “O” to “GB” for proposed slope modification or formation works.

     Opportunity is also taken to amend the Notes and Explanatory Statement of the OZP to reflect the above amendments and the latest proposals and to update the general information of various land use zonings and the planning area, where appropriate.

     The draft Cha Kwo Ling, Yau Tong, Lei Yue Mun OZP No. S/K15/26, incorporating the amendments, is now available for public inspection during office hours at (i) the Secretariat of the Town Planning Board, (ii) the Planning Enquiry Counters, (iii) the Kowloon District Planning Office and (iv) the Kwun Tong District Office.

     Any person may make written representations in respect of the amendments to the Secretary of the Town Planning Board on or before February 4, 2022. Any person who intends to make a representation is advised to read the Town Planning Board Guidelines No. 29B on “Submission and Publication of Representations, Comments on Representations and Further Representations under the Town Planning Ordinance” (TPB PG-No. 29B).

     Submission of a representation should comply with the requirements set out in TPB PG-No. 29B. In particular, the representer should take note of the following:

* If the representer fails to provide his or her full name and the first four alphanumeric characters of his or her Hong Kong identity card or passport number as required under TPB PG-No. 29B, the representation submitted shall be treated as not having been made; and
* The Secretariat of the Board reserves the right to require the representer to provide identity proof for verification.

     The Guidelines and the submission form are available at the above locations (i) and (ii) and the Town Planning Board’s website (www.info.gov.hk/tpb).

     Copies of the draft Cha Kwo Ling, Yau Tong, Lei Yue Mun OZP are available for sale at the Map Publications Centres in North Point and Yau Ma Tei. The electronic version of the OZP can be viewed at the Town Planning Board’s website (www.info.gov.hk/tpb). read more

Approved Sha Tin Outline Zoning Plan amended

     â€‹The Town Planning Board today (December 3) announced amendments to the approved Sha Tin Outline Zoning Plan (OZP).

     The amendments mainly involve the rezoning of Sui Fai Factory Estate in Fo Tan from “Industrial” to “Residential (Group A)8” for public housing development. Two sites, one to the south of Fo Tan Village and one to the south of Che Kung Miu Road and to the west of Lee Uk Village, are rezoned to take forward the decisions of the Rural and New Town Planning Committee of the Board on two Section 12A applications. A “Comprehensive Development Area” site at the junction of Che Kung Miu Road and Lion Rock Tunnel Road is also rezoned to “Residential (Group A)7” to reflect the existing residential development.

     Opportunity is also taken to amend the Notes and Explanatory Statement of the OZP to reflect the above amendments and to update the general information of various land use zonings and the planning area, where appropriate.

      The draft Sha Tin OZP No. S/ST/35, incorporating the amendments, is now available for public inspection during office hours at (i) the Secretariat of the Town Planning Board, (ii) the Planning Enquiry Counters, (iii) the Sha Tin, Tai Po and North District Planning Office, (iv) the Sha Tin District Office and (v) the Sha Tin Rural Committee.

     Any person may make written representations in respect of the amendments to the Secretary of the Town Planning Board on or before February 4, 2022. Any person who intends to make a representation is advised to read the Town Planning Board Guidelines No. 29B on “Submission and Publication of Representations, Comments on Representations and Further Representations under the Town Planning Ordinance” (TPB PG-No. 29B).

     Submission of a representation should comply with the requirements set out in TPB PG-No. 29B. In particular, the representer should take note of the following:
 
* If the representer fails to provide his or her full name and the first four alphanumeric characters of his or her Hong Kong identity card or passport number as required under TPB PG-No. 29B, the representation submitted shall be treated as not having been made; and
* The Secretariat of the Board reserves the right to require the representer to provide identity proof for verification.
 
     The Guidelines and the submission form are available at the above locations (i) and (ii) and the Town Planning Board’s website (www.info.gov.hk/tpb).

     Copies of the draft Sha Tin OZP are available for sale at the Map Publications Centres in North Point and Yau Ma Tei. The electronic version of the OZP can be viewed at the Board’s website (www.info.gov.hk/tpb). read more