XN000022-1989-05-19 — Page 6

FRIDAY, MAY 19, 1989

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BILL TIGHTENS MEASURES AGAINST EMPLOYMENT OF 11'S

BE

ACTION

TO

AN AMENDMENT BILL SEEKING TO ENABLE MORE EFFECTIVE TAKEN AGAINST THE EMPLOYMENT OF ILLEGAL IMMIGRANTS WILL BE INTRODUCED INTO THE LEGISLATIVE COUNCIL ON MAY 31.

PUBLISHED IN THE GAZETTE TODAY {FRIDAY). THE IMMIGRATION [ AMENDMENT) BILL 1989 PROPOSES AMENDMENTS WHICH FORM PART OF THE GOVERNMENT'S OVERALL EFFORTS TO CURB THE INFLUX OF ILLEGAL IMMIGRANTS.

IT SEEKS TO CLARIFY THAT HOLDERS OF CHINESE TWO-WAY PERMITS ARE NOT EMPLOYABLE.

IT MAKES IT CLEAR THAT HOLDERS OF A VALID TRAVEL DOCUMENT ARE ONLY LAWFULLY EMPLOYABLE IF THE DOCUMENT IS NOT ENDORSED WITH A CONDITION OF STAY PROHIBITING THEM FROM TAKING EMPLOYMENT,

THE BILL ALSO INTRODUCES A NEW CERTIFICATE TO BE ISSUED BY THE DIRECTOR OF IMMIGRATION.

THIS ENABLES EVIDENCE THAT A PERSON IS NOT LAWFULLY EMPLOYABLE TO BE ADDUCED BY THE CERTIFICATE AND AVOIDS THE LENGTHY DETENTION OF THE ILLEGAL IMMIGRANTS FOR PROSECUTION PROCEEDINGS AGAINST THE EMPLOYER, AIDER OR ABETTOR.

TO FACILITATE COLLECTION OF EVIDENCE ON EMPLOYMENT OF ILLEGAL IMMIGRANTS BY LABOUR INSPECTORS AND SENIOR LABOUR INSPECTORS, THE BILL PROVIDES THEM WITH POWER, ON ENTRY TO EMPLOYMENT SITES, TO SEIZE AND REMOVE RECORDS OF EMPLOYEES KEPT BY EMPLOYERS.

OF

THE EMPLOYER MAY MAKE COPIES OF THE SEIZED DOCUMENTS AND IN PRACTICE THE LABOUR DEPARTMENT WILL POST TO THE EMPLOYER A PHOTOCOPY THE RECORDS SEIZED WITHIN TWO WORKING DAYS AND THE LABOUR INSPECTORS WILL GIVE THE EMPLOYER A RECEIPT CERTIFYING THAT THE RECORDS HAVE BEEN SEIZED.

IN ADDITION, THE BILL SEEKS TO ENABLE LABOUR INSPECTORS AND SENIOR LABOUR INSPECTORS, BY NOTICE IN WRITING SERVED ON AN EMPLOYER, TO REQUIRE PRODUCTION OF RECORDS WITHIN 72 HOURS.

UPON COMPLETION OF THE CASE, THE LABOUR DEPARTMENT IS OBLIGED. AS A MATTER OF LAW, TO RETURN THE RECORDS TO THE EMPLOYER.

MEMBERS OF THE PUBLIC WHO WISH TO COMMENT ON THE BILL SHOULD WRITE TO THE SECRETARY FOR SECURITY, SIXTH FLOOR, CENTRAL GOVERNMENT OFFICES, LOWER ALBERT ROAD. CENTRAL, OR TO OMELCO. 8 JACKSON ROAD. HONG KONG.

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