The following is issued on behalf of the Legislative Council Secretariat: Details of the meetings of the Legislative Council (LegCo) and its Committees to be held in the LegCo Complex during the week from May 31 to June… read more
Correctional officers at Tong Fuk Correctional Institution stopped a fight among four persons in custody yesterday (May 27). At 8.18pm yesterday, four male persons in custody aged between 2… read more
The Labour Department (LD) today (May 28) again reminded foreign domestic helpers (FDHs) to comply with the compulsory testing notice (CTN) to undergo COVID-19 testing for a second time on or before May 30 (Sunday).
An LD spokesman said, “In accordance with the CTN issued by the Government earlier, all FDHs working in Hong Kong have to undergo compulsory testing for a second time during the period from May 15 to May 30. As in the previous round of compulsory testing, FDHs who have received two doses of a COVID-19 vaccine for 14 days are exempted from undergoing the test. We remind FDHs who have yet to receive testing to make use of the service provided at community testing centres and mobile specimen collection stations to undergo the test as soon as possible. We also appeal to all FDHs to get vaccinated as soon as possible to protect their own health and the health of their employers’ families and others.”
The Government will seriously verify whether relevant persons have complied with the CTN. Any relevant person who fails to comply with the CTN commits an offence and may be fined a fixed penalty of $5,000. The person would also be issued with a compulsory testing order requiring him or her to undergo testing within a specified time frame. Failure to comply with the order is an offence and the offender would be liable to a fine at level 4 ($25,000) and imprisonment for six months. The Government reminds FDHs to keep the SMS notification containing the test result for checking by law enforcement officers. As for exempted FDHs, they can download their electronic vaccination records or save the printouts of their vaccination records on their mobile phones, or bring along the printouts or copies of their vaccination records, so as to prove their eligibility for exemption to law enforcement officers.
The Government thanks FDHs and employers for their understanding and co-operation with the anti-epidemic measures. read more
The Transport Department (TD) today (May 28) appealed to the staff of public transport service operators to participate in the COVID-19 Vaccination Programme as soon as possible to protect themselves, their families and th… read more
The Immigration Department (ImmD) mounted a series of territory-wide anti-illegal worker operations, including operations codenamed “Twilight” and joint operations with the Hong Kong Police Force codenamed “Champion” and “Powerplayer”, from May 24 to 27. A total of eight suspected illegal workers and two suspected employers were arrested. One suspected aider and abettor was also arrested.
During operations “Twilight”, ImmD Task Force officers raided 24 target locations including car parks, fitness centres, a food processing factory, a massage parlour, residential buildings and restaurants. Five suspected illegal workers and two employers were arrested. The suspected illegal workers comprised a man and four women, aged 26 to 45. Among them, two women were holders of recognisance forms, which prohibit them from taking any employment. In addition, a woman was suspected of using and being in possession of a forged Hong Kong identity card. Meanwhile, two women, aged 54 and 59, were suspected of employing the illegal workers.
In addition, during operations “Champion” and “Powerplayer”, enforcement officers raided 115 target locations in Central and Kowloon East district including a manicure shop, a massage parlour, residential buildings, restaurants and a salon. Three suspected illegal workers and a suspected aider and abettor were arrested. The suspected illegal workers comprised a man and two women, aged 32 to 37. Among them, a man and a woman were holders of recognisance forms, which prohibit them from taking any employment. Meanwhile, a woman, aged 44, suspected of aiding and abetting a person who breached her condition of stay in Hong Kong, was also arrested.
“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 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.
