Hong Kong’s Immigration Department concluded a three-day, citywide sweep against illegal employment this November, detaining 34 individuals found to be overstaying or working in contravention of their visa conditions. The operation, running from November 18 to 20, exposed a concerning trend: foreign domestic helpers whose contracts were prematurely terminated are remaining in the city to pursue illicit, cash-in-hand labor, often earning daily wages between HK$300 and HK$500.
The sustained effort saw immigration officers acting on intelligence to search 27 premises across Hong Kong, including various restaurants, large banquet halls, and food production facilities. The overall tally included 24 suspected illegal workers, two additional overstayers, and eight individuals suspected of employing them. The department emphasized its commitment to safeguarding local job opportunities and maintaining the integrity of the city’s visa system.
Uncovering a Pattern of Breaches
The majority of those apprehended were former Indonesian foreign domestic helpers, many of whom had been dismissed early in their contractual obligations. Investigators noted that some workers disappeared soon after their contracts began—in some cases, just two months into their employment—and subsequently sought underground employment across the city.
Among the 24 alleged illegal workers—comprising one man and 23 women aged 22 to 52—13 were former domestic helpers who had overstayed their permitted limit. Furthermore, 10 individuals were found to be holding unexpired recognisance forms, which explicitly prohibit employment, and one was an overstaying visitor from Mainland China. These individuals were predominantly engaged in labor-intensive roles such as dishwashing, cleaning, kitchen support, and general manual labor, some having worked illegally for almost a year.
The two additional apprehended overstayers were Indonesian women, aged 23 and 38. The eight suspected employers—seven men and one woman aged 27 to 64—are Hong Kong residents who acted as proprietors or persons-in-charge of the involved businesses and eateries.
Severe Consequences for Illegal Employment
Immigration officials used the crackdown to issue a stark warning to both foreign nationals and local employers. Employers must ensure that domestic helpers whose contracts have been curtailed or prematurely ended are not retained for work in Hong Kong, as doing so squarely breaches immigration conditions.
The consequences for hiring illegal workers are severe, reflecting amendments made in 2021 to the Immigration Ordinance. The maximum penalty for employers was dramatically increased from a HK$350,000 fine and three years’ imprisonment to a HK$500,000 fine and 10 years’ imprisonment.
For individuals engaged in unlawful work, the penalties are also rigid. Under Section 38AA of the Immigration Ordinance, those who have overstayed, entered illegally, or are subject to removal orders are strictly prohibited from taking any form of paid or unpaid employment or establishing a business. Offenders face fines up to HK$50,000 and three years in prison, with accomplices subject to the same penalties.
Key Takeaways for Employers and Businesses:
- Verify Eligibility: Always verify the identity and work eligibility of prospective staff members.
- Zero Tolerance: The Immigration Department maintains a zero-tolerance policy against illegal hiring.
- Contract Endings: Ensure terminated foreign domestic helpers comply with their departure requirements and do not engage them in alternative employment.
The Immigration Department confirmed it will continue proactive enforcement through enhanced inspections and online surveillance, coupled with ongoing public education initiatives. Members of the public are urged to assist in tackling this issue by reporting suspected immigration offenses via the dedicated hotline at 3861-5000, fax, email, or the online reporting form.