WEDNESDAY, OCTOBER 17, 1990
2
EMPLOYERS HOW
"THIS, WE BELIEVE, WILL MAKE IT VERY CLEAR TO SERIOUSLY WE VIEW THE OFFENCE OF HIRING ILLEGAL IMMIGRANTS, AND SHOULD I HOPE PROVE AN ADEQUATE DETERRENT, HE SAID.
I
PROVIDE
ONE
OF
AN
THAT HE
MR ASPREY
THAT THE OFFENCE WAS AT PRESENT STRESSED STRICT LIABILITY;
2 WOULD ALSO IN FUTURE BUT CLAUSE EMPLOYER WITH A DEFENCE AGAINST THE CHARGE IF HE COULD SHOW
PERSON HAD TAKEN ALL PRACTICABLE STEPS TO DETERMINE WHETHER THE LAWFULLY EMPLOYABLE, AND THAT IT WAS REASONABLE TO CONCLUDE THAT PERSON WAS LAWFULLY EMPLOYABLE.
WAS
THE
THAT THE IMMIGRANTS WERE
SECONDLY, HE ADDED THAT RECENT EXPERIENCE HAD SHOWN PRESENT
ILLEGAL WAS INADEQUATE IN CASES WHERE LAW FOUND ON CONSTRUCTION SITES.
"IT
IS DIFFICULT
UNDER
EXISTING
LEGISLATION
ΤΟ
BRING
A
IMMIGRANTS
ON
SUCCESSFUL PROSECUTION AGAINST EMPLOYERS OF ILLEGAL CONSTRUCTION SITES," HE SAID.
IN
THIS WAS BECAUSE THE SUB-CONTRACTING SYSTEM WHICH WAS USUAL
WERE GENERALLY SEVERAL THE CONSTRUCTION INDUSTRY MEANT THAT THERE EMPLOYERS ON A CONSTRUCTION SITE.
SINCE COMPREHENSIVE RECORDS WERE SELDOM KEPT, IT WAS FREQUENTLY MIGHT BE IMPOSSIBLE TO TELL FOR WHICH EMPLOYER AN ILLEGAL IMMIGRANT WORKING.
ON THE OTHER HAND, MR ASPREY SAID ILLEGAL IMMIGRANTS OFTEN NOT KNOW WHO WAS EMPLOYING THEM.
DID
WHO
"CONTACT WITH THE EMPLOYER IS OFTEN THROUGH A THIRD PARTY HAS NO APPARENT CONNECTION WITH THE EMPLOYER; AND EVEN IF THEY DO KNOW ΤΟ BE THEIR
ILLEGAL
WILLING IMMIGRANTS ARE UNLIKELY TO EMPLOYER,
OF PEER IDENTIFY HIM EITHER FOR FEAR OF NOT BEING PAID, OR BECAUSE PRESSURE NOT TO INFORM ON SOMEONE WHO IS ALSO PROVIDING EMPLOYMENT FOR FRIENDS AND RELATIVES.
"ILLEGAL
ARE WELL BRIEFED ON WHAT TO IMMIGRANTS POLICE WHEN ARRESTED," HE ADDED.
SAY то THE
4 OF
PROVIDED THE BILL
THAT
THE
MR ASPREY SAID THAT CLAUSE CONSTRUCTION SITE CONTROLLER SHOULD BE LIABLE IF AN ILLEGAL IMMIGRANT
SITE, THIS WAS BECAUSE WAS PRESENT ON A CONSTRUCTION DIFFICULTIES OF PROVING WHO WAS THE EMPLOYER OF AN FOUND ON A CONSTRUCTION SITE, INDEED THE DIFFICULTY EMPLOYMENT IN SUCH CASES.
OF THESE ILLEGAL. IMMIGRANT EVEN OF PROVING
THERE
BE HOWEVER, WOULD,
A DEFENCE
THAT SITE CONTROLLER CONSTRUCTION
HE
ALL TOOK TO PREVENT ILLEGAL IMMIGRANTS FROM BEING ON THE SITE.
AVAILABLE
TO THE PRACTICABLE STEPS
HELP VICARIOUS
**I BELIEVE THE EXPLICIT RECOGNITION OF THIS DEFENCE WILL ALLAY THE FEARS WHICH HAVE BEEN EXPRESSED CONCERNING THE LIABILITY NATURE OF THE OFFENCE, MR ASPREY SAID.
++
SAID HE
HE UNDERSTOOD THAT THE HONG KONG CONSTRUCTION ASSOCIATION WAS PLANNING TO INTRODUCE A SELF-REGULATORY CODE OF PRACTICE COVERING THE EMPLOYMENT OF WORKERS.
/"THIS IS