Statistics on legal proceedings against employment agencies

Charlie Yeung made this Freedom of Information request to Labour Department

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Dear Labour Department,

Please could you provide the following statistics on legal proceedings carried out by the Labour Department against employment agencies ("EAs") in 2019 and 2020 respectively?

1. Number of investigations opened against EAs in respect of:
(i) overcharging job-seekers; (ii) unlicensed operations; (iii) confiscation of personal belongings; (iv) providing particulars of job-seekers that are inconsistent with facts; (v) failing to provide services according to arrangements set out in service agreements; (vi) false claims of authorisations by foreign governments (or failure to display such accreditations/certifications); (vii) failure to provide payment receipts; (viii) failure to explain rights, benefits, and obligations to job-seekers and employers; (ix) failure to provide reference materials/sample forms relating to rights, benefits, and obligations to job-seekers and exmployers; (x) improper involvement in financial affairs of job-seekers; (xi) providing false vacancies; and (xii) other offences.

2. Number of cases against EAs which were referred to the Department of Justice for legal advice in respect of (i to xii above).

3. Number of summons issued against EAs in respect of (i to xii above). Please provide the number of cases prosecuted and concluded as well as number of cases not prosecuted upon referral to the Department of Justice for legal advice.

4. Number of dismissals and acquittals for EAs prosecuted in respect of (i to xii above).

5. Number of convictions obtained against EAs in respect of (i to xii above).

6. Details of sentences (i.e. penalties) for EAs convicted in respect of (i to xii above).

Yours faithfully,

Charlie

Dear Labour Department,

In regards to Q3 of my ealier request, please could you provide statistics on the number of cases withdrawn or discontinued after prosecutions have been initiated.

Yours faithfully,

Charlie

Labour Department

1 Attachment

Dear Charlie,

I refer to your request for information under the Code on Access to
information (“the Code”) received by the Labour Department on 26 January
2021 as attached.

Please be informed that your request is now under processing.  According
to para 1.16 of the Code, our department will respond to your request
within 21 days from date of receipt of your request.  In the meantime, if
you have any enquiry, please contact me at 2852 3529.

Regards,
CHAN Kwok-keung Kelvin
for Commissioner for Labour

Labour Department

2 Attachments

Dear Charlie,

I refer to your request for information under the Code on Access to
information received by the Labour Department on 26 January 2021.   A copy
of which is attached.

The requested information and statistics are provided in the attached pdf
file.

Should you have any enquiries, please contact the undersigned at 2852 3529
or email to us at [email address]. Thank you.

Regards,
CHAN Kwok-keung Kelvin
for Commissioner for Labour