The Immigration Department (ImmD) has mounted a series of territory-wide anti-illegal worker operations codenamed "Twilight" and "Contribute" for three consecutive days from November 2 to yesterday (November 4). A total of 14 suspected illegal workers and one suspected employer were arrested.

     During the operations, ImmD Task Force officers raided 18 target locations including a construction site, a container yard, a food stall, a factory, a massage parlour, premises under renovation, restaurants and warehouses. A total of 14 suspected illegal workers and one suspected employer were arrested. The arrested suspected illegal workers comprised six men and eight women, aged 27 to 53. Among them, two men and four women were holders of recognisance forms, which prohibit them from taking any employment. Furthermore, one man, aged 42, was 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.

     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 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.

  

The following is issued on behalf of the Hong Kong Monetary Authority:

     The Hong Kong Monetary Authority (HKMA) announced today (5 November) that the official foreign currency reserve assets of Hong Kong amounted to US$498.1 billion as at the end of October 2021 (end-September 2021: US$494.9 billion) (Annex).

     There were no unsettled foreign exchange contracts at end-October 2021 and end-September 2021.

     The total foreign currency reserve assets of US$498.1 billion represent about seven times the currency in circulation or 48 per cent of Hong Kong dollar M3.
 
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     At present, four press releases relating to the Exchange Fund's data are issued by the HKMA each month. Three of these releases are issued to disseminate monetary data in accordance with the International Monetary Fund's Special Data Dissemination Standard (SDDS). The fourth press release, on the Exchange Fund's Abridged Balance Sheet and Currency Board Account, is made in accordance with the HKMA's policy of maintaining a high level of transparency. For the month of November 2021, the scheduled dates for issuing the press releases are as follows:
 

     The effective exchange rate index for the Hong Kong dollar on Friday, November 5, 2021 is 101.2 (same as yesterday's index).

Attention TV/radio announcers:

Please broadcast the following as soon as possible and repeat it at regular intervals:

     Here is an item of interest to swimmers.

     The Leisure and Cultural Services Department announced today (November 5) that Tung Chung Swimming Pool in Islands District has been temporarily closed for cleaning and superchlorination following the discovery of a small amount of vomit in the pool.

     It will be reopened at 7.40pm today.

     The department appeals to swimmers to be considerate and to keep the swimming pools clean. They are advised not to swim after a full meal and should use the toilet facilities if necessary before swimming.

     The Lands Department (LandsD) announced today (November 5) that the Government will streamline administrative procedures by relaxing the arrangement for the food businesses covered by three types of licences to apply for the Offensive Trades Licence (OT Licence) under government leases with immediate effect.

     Currently, if a government lease contains an offensive trades clause, which prohibits the carrying out of the trades of sugar-baker, oilman, butcher, victualler and tavern-keeper on the concerned lot and the premises thereon, the owner of such premises has to apply for and obtain an OT Licence from the LandsD to remove the prohibition on these five relevant trades in order to operate a food business in such premises.

     Having considered the operation of the existing mechanism and stakeholders' views, the LandsD will relax the arrangement for applying for the OT Licences in respect of specified licensed food businesses. Specifically, in respect of a food business that obtained one or more of the following statutory licence(s) (including the relevant provisional licence(s)): (i) a General Restaurant Licence or (ii) a Light Refreshment Restaurant Licence granted by the Director of Food and Environmental Hygiene; or (iii) a Liquor Licence granted by the Liquor Licensing Board, where the premises is subject to the offensive trades clause under the government lease, an OT Licence will automatically be deemed to be granted to the owner of the concerned premises by the LandsD without requiring the owner to make an application separately and pay the relevant fee to the LandsD.

     "The new arrangement aims to foster a facilitating business environment for the food business industry by relaxing existing barriers and reducing the time and cost required for setting up a food business. An OT Licence deemed to be granted by the LandsD under the new arrangement will remain in force as long as the relevant statutory food business licence is also in force. However, upon the expiration or cancellation of the relevant statutory licence, such an OT Licence shall automatically cease to have effect, and the original offensive trades clause under the government lease shall resume to be applicable to the relevant premises," a spokesperson for the LandsD said.

     Details of the relaxed arrangement are contained in the Lands Administration Office Practice Note No. 3/2021 (www.landsd.gov.hk/en/resources/practice-notes/lao.html).