XN000022-1995-06-07 — Page 14

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In 1994, we set up a Special Immigration Task Force to strengthen enforcement measures against illegal workers. As a result, we have been able to organise more operations and take prosecution actions against a larger number of illegal workers and their employers. The number of illegal workers and employers investigated increased by 2,500 and 900 respectively in 1994 over 1993, which is more than double the 1993 number. More than 1,000 operations were carried out amounting to an average of almost three operations per day. We will double the size of the Task Force from the exisiting size of 46 to 92 to further enhance these efforts this year. This increase is a significant increase in manpower and we can expect a commensurate increase in the number of cases to be investigated. We should also bear in mind that the practice of stringent entry clearance procedures at entry control points also serves the purpose of reducing illegal workers. The Police's combat against illegal immigrants is also very relevant to the work in this respect. But our enforcement actions will need the help of the public. The Immigration Department operates a 24-hour hotline for he public to report cases of illegal employment. We will add a fax-line for the same purpose inthe near future.

Honourable members have called for heavier penalties against those who employ illegal workers. Let me assure members that we appreciate the need for these penalties to carry the desired deterrent effect. At present, employers are liable to 3 years' imprisonment and a fine of $250,000 on conviction of hiring all catagory of all persons not lawfully employable not only illegal immigrants. On conviction of failure to inspect identity documents, employers are liable to 1 year's imprisonment and a fine of $50,000. The penalty for aiding and abetting are the same as the principle offence. The fines for hiring illegal workers and for legally unemployable persons to undertake work in Hong Kong are now being reviewed in the context of an overall review on the levels of fines on a number of offences. We hope to propose new levels to this Council soon. The heavier fines to be proposed should boost their deterrent effects. For the period of imprisonment, we believe that the current penalty level has sufficient deterrent effect and is commensurate with the offence for both employers and illegal workers themselves. We will, of course, keep the level of penalties under regular review, but there is no strong evidence to suggest that, other than the rates of fines which will, as I mentioned, be updated, there should be an urgent need to revamp the other element of the penalty.

To take preventive measures, we have maintained a careful record of employers who apply for quota under labour importation schemes. Employers with adverse records, such as having been convicted for deploying imported workers to do unauthorised work or for hiring illegal workers, can be denied quota.

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