Information on (number of) arrests of (illegal) migrant workers
Dear Hong Kong Police Force Crime Wing,
I would like to receive some information about the number of arrest of (illegal) migrant workers. in Hong Kong. If these questions cannot be answered by the Crime Wing or you do not have this data, I would be grateful if these questions can be transferred to the right department.
- What is the process for arresting and detaining (illegal) migrant workers?
- How many (illegal) migrant workers have been arrested since July, 1, 2020?
- Can you give a breakdown of the grounds on which these arrests took place?
- Are there any specific areas or industries where arrests of (illegal) migrant workers are more common?
- Can you give a breakdown of the nationalities of (illegal) migrant workers who are arrested?
- Are (illegal) migrant workers usually deported after being arrested, or are they allowed to remain in Hong Kong while their case is being processed?
Yours faithfully,
Scott Edmunds
Dear Sir,
I refer to your request for information concerning the arrests of
(illegal) migrant workers on 2023-03-11. Your application is now being
processed and we will give you a reply on or before 2023-03-31. Thank you.
Ms Cecilia CHIU
for Commissioner of Police
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Dear Mr Scott Edmunds,
I refer to your request of 2023-03-11 and append below the responses of
the Immigration Department and Hong Kong Police Force.
The Immigration Ordinance (Cap. 115), Immigration Service Ordinance (Cap.
331) and Police Force Ordinance (Cap. 232) under the Hong Kong Legislation
empower members of the Immigration Department and Hong Kong Police Force
to make arrest and detain illegal workers. Upon arrest/ detention, the
arrestee/ detainee would be informed of the legal authority for the
arrest/ detention and the rights as a person under custody of the
Immigration Department/ Hong Kong Police Force. The arrestee/ detainee
would be detained in Police Stations and/or places of detention as
specified in Immigration (Place of Detention) Order (Cap. 115B) under the
Hong Kong Legislation for investigation.
The Immigration Department, Hong Kong Police Force and Labour Department
maintain high vigilance against illegal workers in Hong Kong and actively
took stringent enforcement actions against unlawful employment of illegal
immigrants, visitors, foreign domestic helpers and imported workers
subject to specific employment conditions. Measures taken included
publicising related government policies and regulations, and conducting
surprise checks/ enforcement operations on different industries/
businesses, such as factories, restaurants, laundry services, retail
shops, foot reflexology centres, residential and commercial premises under
renovation, construction sites, refuse collection points and waste
materials recycling factories, container depots and warehouses situated in
the border and remote areas in the New Territories.
Between 2020-07-01 and 2022-12-31, there were a total of 602 illegal
immigrants ("II") arrested by the Immigration Department and Hong Kong
Police Force for taking up illegal employment or establishing business in
Hong Kong, in contravention of section 38AA of the Immigration Ordinance
(Cap. 115). Those included 104 Mainland IIs, 206 Vietnamese IIs and 292
Non-ethnic Chinese IIs (i.e. Bangladeshi, Indian, Moroccan, Nepalese,
Pakistani and Sri Lankan).
For persons subject or liable to be removed from Hong Kong in accordance
with the Immigration Ordinance (Cap. 115), including those who took up
illegal employment, the Immigration Department will ensure their early
repatriation to their places of origin upon completion of relevant legal
proceedings.
Thank you.
Ms Cecilia CHIU
for Commissioner of Police
*** This e-mail message (together with any attachments) is for the
designated recipient only. It may contain information that is privileged.
If you are not the intended recipient, you are hereby notified that any
use, retention, disclosure, copying, printing, forwarding or dissemination
of the message is strictly prohibited. If you have received the message in
error, please erase all copies of the message (including attachments) from
your system and notify the sender immediately. ***
*** 此電郵訊息(連同任何附件)只發送給指定收件人。訊息可能包含享有特權資料。
謹此通知,如你並非預定收件人,嚴禁使用、保留、披露、複製、列印、轉發或發布
此訊息。如收到誤發的訊息,請把訊息的所有副本(包括附件)從系統內清除,並立即
通知發件人。***