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(b) whether the police will institute legal proceedings against labour service companies or individuals following investigations that the labour service companies or individuals concerned are found to have withheld the passports of imported workers;
and
(c) what measures does the Government have to assist those imported workers whose passports are being withheld in mainland China so that they can return to their homes as early as possible?
Reply:
Mr President,
(a) Upon receipt of complaints from imported workers about the withholding of their passports by labour service companies, irrespective of their country of origin, the Police will investigate to ascertain if any criminal offence has been committed. Where necessary, the Police will also liaise through established channels with the appropriate authorities in the country of origin of the workers or the companies concerned.
(b) The fact that a person may be holding another person's passport does not necessarily mean that a criminal offence has been committed. There are, however, certain specific charges that can be considered where the circumstances justify, such as possession of unlawfully obtained travel document under Section 42(2)(c)(i) of the Immigration Ordinance, or being a money lender demanding or accepting the passport as security for a loan contrary to Section 29(5) of the Moneylenders Ordinance. The Police will decide whether to institute legal proceedings against the labour service companies concerned depending upon the merits of the case, and may if necessary seek advice from the Attorney General's Chambers.
(c) When necessary the Immigration Department, in consultation with the Labour Department, will liaise with the relevant authorities in China through established channels to assist those imported workers who do not have valid travel documents with them, with the aim of facilitating their return to China.
End