Gaining unlawful employment in Hong Kong
Unlawful workers have devised various schemes to gain employment in Hong Kong. However, it is a serious offence under the Immigration Ordinance (Cap.115) (IO).
In HKSAR v ChenWuchang  HKCU 836, the defendant was convicted of making a false representation to an immigration assistant contrary to s.42(1)(a) IO having been found in unlawful employment (s.41 IO). He admitted that he paid HK$28,000 to enter into a bogus marriage with a Hong Kong resident so that he could apply for a 90-day permit rather than the normal 7 days permit for conjugal visits. He misrepresented the immigration official in his two visits to Hong Kong that he was coming to visit his wife whereas in fact, he was seeking employment. The court decided that the defendant could expect no leniency because of the dishonest scheme and sent him to 18 months of prison for all the charges.
In another case Hksar v Khalid Mehmood  HKCU 451, the defendant was found out by police when he accidentally injured a passer-by while moving goods at work. He was charged contrary to s.38AA(1)(b) IO for taking employment while a removal order was in force and using an identity card relating to another person contrary to s.7A(1A) of the Registration of Persons Ordinance to gain unlawful employment. He was sentenced to 18 months to prison.
There are numerous cases about different offences relating to unlawful workers devising different schemes in Hong Kong. However, once offenders are discovered, it is not always easy to mitigate sentences because of the serious nature of the offence.
If necessary, you can also apply for legal aid. Ms. Ngan is a member of the lawyers at the Legal Aid Department for Criminal, Divorce/Family Law, Employees’ Compensation, Personal Injury, Medical Negligence, and Land Disputes. If legal aid is approved, the aided person has the right to choose a lawyer to represent.