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However, the number of prosecutions in respect of employers who employ illegal workers is still relatively low. In 1994 and 1995, the percentage of employers who were prosecuted was 64% and 51% respectively. This compares with 70% and 80% of illegal workers prosecuted during the same period. One of the main reasons is that, at present, there are two impediments affecting the effective control of illegal employment. First, the Immigration Ordinance defines a person holding a Hong Kong identity card as lawfully employable, albeit that the holder may be committing a breach of his condition of stay by taking unapproved employment. Secondly, whilst employers are required by law to inspect the Hong Kong identity cards of potential employees, most identity cards do not indicate whether the holders are being restricted to a specific employment. As a result, contract workers, mostly foreign domestic helpers, are able to obtain unapproved employment by presenting their identity cards for inspection by the employers. Such an employer cannot be prosecuted unless it can be proved, by the Crown, that he was aware of the restriction on the employee.
To remove the first obstacle, we are seeking to amend the law to make non- permanent residents not lawfully employable if they breach a condition of stay imposed on them. This means that employers who employ non-permanent identity card holders for any full-time or part-time job outside the scope of the authorisation approved by the Director of Immigration will commit an offence under section 171 of the Immigration Ordinance, which carries a maximum fine of $350,000 and imprisonment for three years.
To overcome the second obstacle, we also propose to require employers to inspect the travel documents held by job-seekers who are holders of non-permanent identity cards, as well as their Hong Kong identity cards, to ensure that they are lawfully employable before offering them employment.
To help employers to identify more easily contract workers who are not free to take up employment without prior permission from the Director of Immigration, the Immigration Department has introduced a bilingual and easy-to-read immigration stamp on travel documents of foreign domestic helpers and imported workers. Meanwhile, the Immigration Department is also progressing with the exercise to issue "W"-prefix identity cards to all foreign domestic helpers. These "W"-prefix identity cards are already issued to imported workers under the Importation of Labour Schemes. The new stamp and the "W"-prefix identity card will together make it easier for employers to discharge their responsibility under the law. Employers who have doubts in ascertaining the employability of job-seekers can also make enquiries through the Immigration Department telephone hotline and faxline.
The amendments I have just outlined form part of our package of measures to combat illegal employment. The Bill facilitates the prosecution of unscrupulous employers of illegal labour, and enables law-enforcement agencies to tackle the issue more effectively at source.
End
Thank you, Mr President.