Tag Archives: China

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An abnormally hot May

     May 2020 was generally fine and hot in the first half of the month, while unsettled weather and occasional heavy showers set in in the latter half. Overall, the month was much hotter than usual. The monthly mean minimum te… read more

Illegal worker jailed

     A Vietnamese illegal worker was jailed by Shatin Magistrates’ Courts yesterday (June 1).

     During operation “Breakthrough” conducted on May 29, Immigration Department (ImmD) investigators raided a restaurant in Shatin. A female Vietnamese, aged 59, was arrested while working as a dish washing worker. An employer suspected of employing the illegal worker was also arrested and the investigation is ongoing.

     The illegal worker was charged at Shatin Magistrates’ Courts yesterday with taking employment 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. She pleaded guilty to the charge and was sentenced to 15 months’ imprisonment. Meanwhile, she was also charged with one count of using a forged Hong Kong identity card and was sentenced to 15 months’ imprisonment. All sentences are to run concurrently, making a total of 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. 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 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. read more

Second batch of Hong Kong residents stranded in India to take special flight to return home

     A Government spokesman said today (June 2) that the second batch of Hong Kong residents stranded in India will take a special flight arranged by the Hong Kong Special Administrative Region (HKSAR) Government to return home. The flight is tentatively scheduled to depart from Mumbai for Hong Kong on June 3 in the early morning at the earliest.
      
     This flight will assist Hong Kong residents who are now located in Mumbai and those in its surrounding areas with special needs such as people with illness, pregnant women and children, as well as family members travelling with them.
      
     Over the past few days, the Immigration Department (ImmD) has individually contacted assistance seekers who meet the above circumstances in order to confirm their wishes to take the flight, and to obtain their personal particulars for applying for travel permission from the local government. It is initially estimated that the flight will carry about 300 people and the cost will be borne by the passengers. 
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     Upon arrival in Hong Kong, the returnees from India will proceed to the Department of Health’s Temporary Specimen Collection Centre at AsiaWorld-Expo for compulsory COVID-19 testing. After their deep throat saliva samples are collected, the returnees will be transferred to the quarantine centre at Chun Yeung Estate, Fo Tan, for a 14-day compulsory quarantine period.
      
     In view of the COVID-19 pandemic situation, the Indian Government has banned all international flight movements since late March. As at June 1, the ImmD had successfully contacted about 4 800 Hong Kong residents stranded in India. The first batch of about 250 Hong Kong residents stranded there returned to Hong Kong on May 18 on a chartered flight arranged by the HKSAR Government departing from New Delhi.
      
     After receiving requests for assistance, the Security Bureau and the ImmD have been liaising with the Office of the Commissioner of the Ministry of Foreign Affairs of the People’s Republic of China in the HKSAR and the Embassy of the People’s Republic of China in the Republic of India to understand the local situation and take follow-up action, and to provide relevant information as well as appropriate suggestions and practicable assistance to the assistance seekers. The HKSAR Government has also been in close liaison with the Consulate General of India in Hong Kong, and worked with a local airline for arranging flights to take the stranded Hong Kong residents home.
      
     Currently, there are still many Hong Kong residents stranded in different areas of India. Considering the traffic restrictions still in place across India, and having regard to the quarantine arrangement for the returnees and the capacities of relevant facilities, the HKSAR Government will assist them in returning to Hong Kong in an orderly manner in batches subject to the circumstances. The Government will continue to liaise with them closely. read more