criminal records

2012-01-19 7:30 am
If someone has employed a person without HK ID card to work in a restaurant, and it is discovered by HK immigration department, what is the maximum charge that the employer has to pay and would he/she (the employer) be jailed? And would he/she be given a criminal record?

many thanks!!!!!!!

回答 (1)

2012-01-22 8:07 pm
✔ 最佳答案
I am not sure what you meant by “maximum charge”but since you mentioned the word “pay” I would assume you meant “fine” insteadof charge as in prosecution.In HK employing unemployable person is not anoffence that could be settled by a fine. In 99.9% of cases the sentence is of acustodial nature – ie. most people go to jail for such offence.This is what the law says:Cap 115 s. 17I of the Laws of Hong Kong - Offenceto be employer of a person who is not lawfully employable:Any person who is the employer of anemployee who is not lawfully employable commits an offence and is liable to afine of $350000 and to imprisonment for 3 year. In HKSAR vWong Mok Din and AG v Wong Chung Leem the Court of Appeal laid down thefollowing guidelines:a. People whoemploy unemployable persons must be sentenced to imprisonment without reprieve.b. Imprisonmentis applicable to first time offenders.c. A startingpoint of 15 months imprisonment is appropriate.But in SJ v Ho Mei Wa and SJ v Wu Ying Bor, theCourt of Appeal reviewed the sentence and found that a starting point of 8months would be more appropriate. This is now the currently applicableguideline. So, to answer your questions:1. The employer would most certainly be jailed fora term of 8 months or more, depending on the circumstances (ie. the number ofpeople he employed, whether exploitation occurred… etc).2. Of course he would have a criminal record.
參考: Veni - Vidi - Vici

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