Hong Kong Immigration arrests two over illegal tour guide and photographer services
Hong Kong's Immigration Department and Tourism Industry Regulator arrested two people for providing illegal tour guide and photography services via social media. One defendant was jailed for 54 days. Authorities warned employers against hiring illegal workers, with penalties up to HK$500,000 and 10
Hong Kong's Immigration Department and the Tourism Industry Regulator have arrested two people in a joint operation targeting illegal workers who promoted tour guide and photography services on social media. Officers posed as customers to contact the suspects online and booked their services. When the two individuals arrived in Hong Kong to provide the services, they were arrested.
The suspects, a 22-year-old man and a 43-year-old woman, have been charged with breaching their conditions of stay. One of them pleaded guilty at Sha Tin Magistrates' Court on 7 October and was sentenced to 54 days in jail.
During the operation, Immigration and regulator staff also visited popular tourist spots to distribute leaflets, warning the public not to hire unlicensed guides or tour leaders.
An Immigration Department spokesman said anyone who violates a valid condition of stay commits an offence. All visitors must not take up any employment, paid or unpaid, without the permission of the Director of Immigration. Offenders face prosecution and a maximum penalty of a HK$50,000 fine and two years in jail. Aiding or abetting such offences is also a crime.
The spokesman added that employing someone not entitled to work in Hong Kong is a serious offence. Under the Immigration Ordinance, employers who hire illegal entrants, people subject to removal or deportation orders, overstayers or those denied entry face a maximum fine of HK$500,000 and 10 years in jail, up from the previous HK$350,000 and three years. Company directors, managers, secretaries and partners may also face criminal liability. The High Court has issued sentencing guidelines requiring immediate jail for employers of illegal workers.
Under court precedent, anyone hiring an employee must take all practicable steps to verify the person's right to work. This includes checking the employee's identity card and asking questions; any answers that do not raise reasonable doubts about legality will not serve as a defence. If a job seeker does not have a Hong Kong permanent resident identity card, the employer must also check the person's valid travel document. Offenders face a maximum fine of HK$150,000 and one year in jail. The spokesman urged employers not to break the law.
The Immigration Department follows standard procedures to identify victims of human trafficking or forced labour. All arrestees who may be vulnerable, including illegal workers, illegal entrants, sex workers and foreign domestic helpers, are screened. If indicators of trafficking or forced labour emerge, a full investigation is conducted. Identified victims receive support including emergency intervention, medical treatment, counselling, shelter and other services. The department urged victims to report such crimes. The public can report illegal employment via the hotline 185 185, fax 2824 1166, email [email protected], or the department's website.