34-year-old Indian illegal worker jailed for 15 months


12th April 2021 – (Hong Kong)   An Indian illegal worker, holding a recognisance form, was jailed by Shatin Magistrates’ Courts on 9th April.

 Immigration Department (ImmD) investigators received a referral from the Hong Kong Police Force to further investigate an illegal employment case in March. Enforcement officers arrested one male Indian worker, aged 34, who was conveying goods at a vegetable stall in Tuen Mun. Upon identity checking, he produced for inspection a recognisance form issued by the ImmD, which prohibits him from taking employment. Further investigation revealed that he was a non-refoulement claimant. 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 on 9th April 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. He pleaded guilty to the charge and was sentenced to 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 HK$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.