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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of the message is strictly prohibited. If you have received the message in
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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。***

Dear Mr Scott Edmunds,

I refer to your request for information concerning the arrests of
(illegal) migrant workers on 2023-04-22.  Your application is now being
processed and we will give you a reply on or before 2023-05-12.  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。***

Dear Mr Scott Edmunds,

I refer to your further request dated 2023-04-22 and hereby append below
the responses of the Immigration Department and Hong Kong Police Force.

Between 2018-01-01 and 2020-06-30, there were a total of 482 illegal
immigrants (“II”) arrested for taking up illegal employment or
establishing business in Hong Kong.  The number of II arrested in 2018 was
234, and 175 in 2019, representing a decrease of 25.2%.

As stipulated in section 38AA of the Immigration Ordinance (Cap. 115), an
illegal immigrant, a person who is the subject of a removal order or a
deportation order, an overstayer or a person who was refused permission to
land is prohibited from taking any employment, whether paid or unpaid, or
establishing or joining in any business.  Offenders are liable upon
conviction to a maximum fine of $50,000 and up to three years'
imprisonment.  Aiders and abettors, including employers employing persons
not lawfully employable, are also liable to prosecution and penalties
under the Immigration Ordinance (Cap. 115).

Upon conviction, the Immigration Department will closely liaise with the
Mainland and overseas jurisdictions for the arrangement of early
repatriation of IIs through all practicable means.

With the formulation of strategies to address the issues concerning IIs in
Hong Kong, including but not limited to illegal activities committed by
IIs, Hong Kong Police Force and the Immigration Department have been
maintaining close liaison and intelligence exchange with other law
enforcement agencies of the Mainland and overseas jurisdictions, alongside
conducting joint operations and stepping up enhanced patrol and
inspections at blackspots.  Thorough investigation against employers
employing persons not lawfully employable will also be conducted.

Police officers will take enforcement actions in accordance with the law.
 All arrested persons will be informed of the reasons of arrest and their
entitlement of rights during their detention at police stations.

If you believe that this Department has not properly applied any provision
of the Code, you may file an internal review or complain direct to The
Ombudsman.  The Ombudsman's contact details are as follows -

30/F, China Merchants Tower
Shun Tak Centre
168-200 Connaught Road Central
Hong Kong
Telephone :        2629 0555
Fax                 :         2882 8149

Thank you.

Regards,
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。***