The Immigration Department (ImmD) of Hong Kong, in collaboration with the Hong Kong Police Force, conducted a series of intensive operations targeting illegal workers and their employers over a four-day period from July 22 to July 25. The concerted efforts, codenamed “Lightshadow,” “Twilight,” “Champion,” and “Windsand,” resulted in the arrest of 19 suspected illegal workers, one suspected employer, and one overstayer.
ImmD Task Force officers raided 40 locations across the territory, including renovation sites, residential buildings, restaurants, and a retail shop. These sweeps led to the arrest of 11 suspected illegal workers, comprising nine men and two women, aged between 19 and 45. Notably, five of these men were holders of recognisance forms, which explicitly prohibit employment. Additionally, one man was detained for allegedly using and possessing a forged Hong Kong identity card.
In the “Champion” operation, enforcement officers targeted 62 locations in the Eastern and Western districts. This effort resulted in the apprehension of eight suspected illegal workers — four men and four women, aged 20 to 52 — along with one suspected employer, a 29-year-old man, and one female overstayer, aged 43. Among these, eight suspected illegal workers and one suspected employer were processed by the ImmD.
An ImmD spokesperson emphasized the legal repercussions for those violating Hong Kong’s immigration laws. “Any person who contravenes a condition of stay in force in respect of him or her shall be guilty of an offence,” the spokesperson stated. “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.”
The spokesperson further highlighted the severe penalties for illegal employment under 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 any business. Offenders are liable upon conviction to a maximum fine of $50,000 and up to three years’ imprisonment.”
Moreover, using or possessing a forged Hong Kong identity card or an identity card of another person is a serious offence, punishable by a maximum fine of $100,000 and up to 10 years’ imprisonment.
The spokesperson reiterated the heightened penalties for employers who hire individuals not lawfully employable. Under the Immigration Ordinance, the maximum penalty has been increased to a fine of $500,000 and 10 years’ imprisonment. Company directors, managers, secretaries, and partners may also bear criminal liability. The High Court has established sentencing guidelines mandating immediate custodial sentences for employers of illegal workers.
Employers are legally required to verify the legal employability of their prospective employees. This includes inspecting identity cards and making thorough enquiries to ensure no reasonable doubt about the lawful employability of the person exists. Failure to do so is not a defence in legal proceedings. Hiring without inspecting a valid travel document for non-permanent residents can result in a maximum fine of $150,000 and one year of imprisonment.
In a strong message to employers, the spokesperson warned against defying the law by employing illegal workers, affirming that the ImmD will continue its stringent enforcement actions to combat such offences.
