For information
on 22 January 1998


Provisional Legislative Council
Panel on Security

Problem of illegal workers

Introduction

Illegal workers include illegal immigrants who sneaked into Hong Kong to work and people coming in on valid travel documents but who breach their condition of stay as they work in Hong Kong. This paper informs Members of the present situation of illegal employment.

Background

2. The Government has always been vigilant against illegal employment and vigorous efforts have been made by enforcement agencies to tackle the problem.

Pre-entry Control

3. The Department does not allocate new quota to employers in labour importation schemes found to have deployed imported workers to perform unauthorised work. Likewise, employers with adverse records on employing foreign domestic helpers can be denied permission to recruit such helpers in future.

4. The problem of employment of illegal immigrants has also been substantially reduced. The number of illegal immigrants caught and repatriated to the Mainland has dropped drastically from 37,517 in 1993 to 17,819 in 1997, representing an average annual reduction rate of 17%. This is the result of the success of the anti-illegal immigration measures and operations.

Control at entry point

5. At control points, Immigration staff keep a close watch on the arrival of doubtful visitors, including those who have previous records of illegal employment. Doubtful visitors may be refused entry or granted a shorter length of stay than they requested. In 1997, 8,184 persons were refused entry at control points on the ground of doubtful intention.

Post-entry control

6. To strengthen enforcement action against illegal employment, an Immigration Task Force was set up in July 1994. In October 1995, the number of officers in the Task Force was increased from 46 to 92. Of the 1,897 operations conducted in 1997, 1,409 were carried out by the Task Force.

7. The number of operations conducted by Immigration Department (including joint operations with other departments) in 1997 has increased:


1996

1997

Percentage

change

No. of operations

1,618

1,897

+17%

8. The Labour Inspectorate of the Labour Department also conducts frequent inspections to clamp down on illegal employment:


1996

1997

Percentage

change

No. of enforcement visits

103,384

132,014

+27.7%

No. of employees checked

238,630

300,356

+25.9%

8. Despite the increase in the number of operations and inspections conducted, there has been a general decline in the numbers of arrests and prosecutions of illegal workers in various categories:

Illegal workers


1996


1997


Percentage

change

Visitors


2,904

(2,705)


2,589

(2,242)


-15%

(-17%)

Contract workers


1,095

(389)


891

(318)


-19%

(-18%)

Illegal immigrants


540

(525)


501

(501)


-7%

(-5%)

Others


21

(0)


11

(0)


-48%

(0%)

Total


4,560

(3,619)


3,992

(3,061)


-12%

(-5%)

* Figures in bracket denote prosecution figures.

9. In addition to taking enforcement and prosecution actions, we have also strengthened the promotion of community education and awareness on this problem through the broadcast of Public Interests Announcements, the distribution of leaflets to Two-way Permit holders and the issue of notices to foreign domestic helpers. In Labour Department's briefings on the rights and benefits of imported workers, leaflets are distributed to them to remind them that breach of condition of stay is an offence. The public can report overstayers and illegal workers through the Immigration Department hot-line (2824-1551) and fax-line (2824-1166).

10. Despite the decline in the arrest and prosecution figures, the Administration will continue to be vigilant and will take appropriate actions whenever necessary.


Security Bureau
17 January 1998