Foreign domestic helper jailed for conspiracy to defraud and illegal work
A foreign domestic helper was convicted of conspiracy to defraud and working illegally in Hong Kong, and was sentenced to imprisonment on November 19 in the Sha Tin Magistrates' Court.
The Immigration Department's Foreign Domestic Helpers Special Investigation Section conducted an anti-illegal worker operation on August 22 at a restaurant in Wan Chai district. During the operation, a 26-year-old Indian woman was arrested while she was working as a dishwasher. Investigators found that the illegal worker was a foreign domestic helper and her contractual employer was the owner of an outsourced cleaning company who contracted the restaurant's dishwashing work.
Under caution, the arrested foreign domestic helper admitted to have worked as a kitchen dishwasher at the restaurant since January this year for the purpose of earning a monthly salary of HK$14,000. She also admitted to have conspired with her contractual employer to apply for a foreign domestic helper visa using a false contract in order to work illegally in Hong Kong, instead of performing domestic duties.
The arrested foreign domestic helper was charged at the Shatin Magistrates' Court on November 19 with conspiracy to defraud and taking employment while being a person who remains in Hong Kong without the authority of the Director of Immigration after having landed in Hong Kong unlawfully. She pleaded guilty to the charges and was sentenced to a total of 18 months' imprisonment. Her contractual employer and the person-in-charge of the restaurant were also arrested, and the investigation is still ongoing.
An ImmD spokesman warned, "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 overstayeror 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 overstayeror 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 ten 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 and employ illegal workers. The ImmD will continue to take resolute enforcement action to combat such offences.
The spokesman continued that conspiracy to defraud is a serious offence. Under the Crimes Ordinance, offenders are liable to prosecution and upon conviction, the maximum penalty is imprisonment for 14 years.
Under the existing mechanism, the ImmD will, as a standard procedure, conduct aninitial 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.
SCS commends outstanding civil servants and civil service volunteers
The Secretary for the Civil Service (SCS)'s Commendation Award cum Civil Service Volunteer Commendation Award Presentation Ceremony 2024 was held at the Central Government Offices today (November 21). The SCS, Mrs Ingrid Yeung, presented the SCS's Commendation Award to civil servants from different bureaux and departments with persistent exemplary performance, and awards of the inaugural Civil Service Volunteer Commendation Scheme to recognise civil service volunteer teams and individuals for their outstanding performance and contributions in participating in and promoting volunteer service. The Chief Executive, Mr John Lee, also attended the ceremony to extend his congratulations to the award recipients.
Addressing the ceremony, Mrs Yeung commended the awardees for their dedication to serving the public, whether through their work or volunteer service, which sets outstanding examples for the civil service.
Mrs Yeung said that the civil service is the cornerstone of the Hong Kong Special Administrative Region governance system, key to the Government's effective administration, and a bridge between the Government and the public. Strengthening the governance capabilities of the civil service is a key initiative of the Civil Service Bureau (CSB) in this year's Policy Address, and one of the major achievements in this regard is the promulgation of the updated Civil Service Code in June this year. The Code outlines the core values that civil servants should uphold, including passion for public service, dedication to duty, and being people-oriented, which are fully reflected in the achievements of the awardees of the SCS' Commendation Award Scheme.
With a view to motivating civil servants, including those with shorter service, to continuously strive for excellence, Mrs Yeung said that the CSB enhanced the SCS' Commendation Award Scheme this year by lifting the minimum service length requirement for an awardee to sustain 20 years of service to obtain the travel award. A total of 12 civil servants with five to 17 years of service benefited from this initiative.
Mrs Yeung added that a total of 14 civil service volunteer teams and 337 individuals were awarded under the inaugural Civil Service Volunteer Commendation Scheme. Through the Scheme, civil servants' contribution to volunteer service will be recognised on a regular basis, further motivating more civil servants to take part in volunteer service, promoting a caring and supportive culture of volunteerism within the civil service, and enabling the public to have a better understanding of the civil service's efforts in helping the needy.
The SCS's Commendation Award Scheme was introduced in 2004 to commend staff members who have achieved exemplary work performance continuously for five years or above. The Scheme has a rigorous selection process requiring nominations from Permanent Secretaries, departmental heads or heads of grades and adjudication by a selection committee; the final decision on the awardees' list is made by the SCS. This year, a total of 100 civil servants received awards from 42 bureaux and departments across 51 grades, including professional and technical grades, disciplined services and general grades.
Principal Ambulanceman of the Fire Services Department Mr Chew Ming-tak, who received the SCS's Commendation Award this year, has been stationed at various ambulance depots for 27 years and now serves as an Assistant Instructor in the Fire and Ambulance Services Academy, training new recruits. He is a dedicated instructor and has set a good example for his fellow ambulancemen. He hopes to pass on the knowledge and spirit of ambulance service to new generations of ambulancemen so that they can continue to provide quality service to citizens.
Senior Health Inspector of the Food and Environmental Hygiene Department Mr Wong Ming-chun also received the SCS's Commendation Award. During his tenure in the Cleansing Infrastructure Team, he was responsible for taking forward the Enhanced Public Toilet Refurbishment Programme. He worked closely with an interdepartmental team to improve the layout, finishes and appliances, as well as ventilation and lighting systems of public toilets, with a view to creating modern public toilets that better meet user needs.
Newly launched this year, the Civil Service Volunteer Commendation Scheme includes awards for volunteer teams and individuals. Criteria for the awards include volunteer service hours, diversity of scope and type of volunteer service; features or innovativeness of activities; leadership of individual volunteers to mobilise colleagues to participate in volunteer activities; partnerships with departmental volunteer teams and collaborating organisations; and continuous and dedicated efforts in planning and organising activities for departmental volunteer teams. Serving civil servants, government contract staff and retired civil servants are eligible for nomination for the awards.
Under the inaugural Civil Service Volunteer Commendation Scheme, six government departments received the Outstanding Volunteer Team Award, and eight volunteer teams received the Meritorious Volunteer Service Award (the list of award recipients is in the Annex). Among them were volunteer teams from the Hong Kong Police Force (HKPF) and the Civil Engineering and Development Department (CEDD).
The HKPF develops and promotes volunteer service with distinctive features through various platforms. Its officers participate in individual volunteer service on their own initiative and organise diverse volunteer teams. The HKPF Volunteer Teams, which have accumulated more than 50 000 hours of volunteer service and organised over 1 000 volunteer activities in 2023-24, won the Gold Prize of the Outstanding Volunteer Team Award (Large Department). The Police Volunteer Services Corps, one of the HKPF Volunteer Teams, has demonstrated excellent organisation skills and outstanding mobilisation capability. It makes good use of members' various skills to provide unique and diverse volunteer services, such as organising activities for young people to help them maintain a positive attitude during difficult times in their growth.
Established in 2008, the CEDD Volunteer Team strives to establish partnerships with various non-profit-making organisations and serves a wide range of recipients, such as the elderly, youth, children, grassroots families and persons with disabilities, through organising diverse volunteer services including residential care home visits, tours, youth orientation and environmental protection activities. In 2023-24, the CEDD Volunteer Team planned or participated in more than 70 volunteer services, mobilised more than 800 volunteers and contributed about 3 300 hours of service.
To better showcase to the public the accomplishments of civil servants and their dedication to serving the community, the CSB and Radio Television Hong Kong (RTHK) have jointly produced a 10-episode television series entitled "United to serve the community - Good stories of civil servants", each episode lasting five minutes. Additionally, there is a special 10-minute television programme entitled "Volunteering for the well-being of our community - Good stories of civil servants", featuring awarded civil servants, departmental volunteer teams and individuals. The programmes will be broadcast on RTHK TV31 in December. Details are as follows:
Programme |
Date |
Time |
"United to serve the community - Good stories of civil servants" |
December 10 to 19 |
9.25pm
(note: 9.30pm on December 14 and 15) |
"Volunteering for the well-being of our community - Good stories of civil servants" |
December 22 |
6.20pm |
SCS commends outstanding civil servants and civil service volunteers Source: HKSAR Government Press Releases
SCS commends outstanding civil servants and civil service volunteers Source: HKSAR Government Press Releases
SCS commends outstanding civil servants and civil service volunteers Source: HKSAR Government Press Releases
SCS commends outstanding civil servants and civil service volunteers Source: HKSAR Government Press Releases
SCS commends outstanding civil servants and civil service volunteers Source: HKSAR Government Press Releases
