【社評雙語道】從嚴打擊「黑工」 維護勞工市場秩序

◆ 入境處拘捕「黑工」及其僱主。 資料圖片

【原文】下文摘錄自10月11日香港《文匯報》：

香港文匯報早前報道有懷疑非法勞工（「黑工」）入住疑似無牌床位寓所，揭發有「蛇頭」提供輸入「黑工」「一條龍」服務。入境處、民政事務總署10月10日展開跨部門執法行動，拘捕兩名懷疑「黑工」，並調查無牌寓所事宜。政府針對社會關注的「黑工」和無牌寓所問題，反應果斷、行動迅速，值得肯定。面對勞動力市場人手短缺，政府在適當引進外勞的同時，加大打擊「黑工」力度，可以切實維護本地工人和合法外勞的權益，維護本地勞工市場秩序。

根據入境處年報，去年拘捕的「黑工」有1,180人，大多數在被遣返原居地前被檢控，並處以罰款或監禁。媒體發現有人組織「黑工」入住無牌寓所，其中涉及多方面的違法行為，包括違反逗留條件，最高刑罰為罰款5萬元及監禁5年；「黑工」的幕後組織者，更可能犯有普通法下的協助及教唆犯罪，最高可判處監禁7年；無牌寓所經營者則涉嫌違反《床位寓所條例》，最高罰款10萬元及監禁2年。執法人員展開跨部門執法，展現了全方位打擊違法行為的決心。

要切實打擊「黑工」，需要加大執法力度，判處具阻嚇性刑罰。「黑工」之所以有市場，關鍵在於個別僱主貪心，企圖僱用「黑工」降低成本。事實上本港對僱用「黑工」的刑罰可謂頗重，根據《2021年入境（修訂）條例》，僱主僱用不可合法受僱的人，最高刑罰由原來的罰款35萬元及監禁3年，大幅提高至罰款50萬元和監禁10年。高等法院曾頒布判刑指引，指聘用「黑工」的僱主須被判即時入獄，但未有定下量刑起點，過往案例不少只是判刑幾個星期，個別僱主仍鋌而走險。與此同時，「黑工」行為較隱蔽，要有效打擊要靠線報。有立法會議員建議，政府應設立鼓勵性舉報機制，開設投訴熱線，更有效提升打擊力度和阻嚇力，相關建議值得政府積極考慮。

政府早前已宣布實施「建造業輸入勞工計劃」和「補充勞工優化計劃」，包括售貨員、侍應生等26個非技術或低技術工種的外勞都可以來港工作。本港失業率維持低位，勞動力不足是不爭事實，需要輸入適量外勞解決人手不足之困，同時亦要保障本地工人的就業權益。如果任由「黑工」氾濫，勢必衝擊本地勞工市場正常秩序，損害本地工人和合法外勞的權益。因此，政府必須加大打擊「黑工」的執法力度，加強巡查，多做宣傳教育，提醒僱主切勿以身試法，確保本地勞工市場健康穩定發展。

Tackling illegal employment rigorously to maintain labour market order

【譯文】The Wen Wei Po reported earlier that some suspected illegal workers had stayed in suspected unlicensed bedspace apartments, revealing that “snakeheads” provided “one-stop” services for the importation of illegal workers. The Immigration Department and the Home Affairs Department launched an inter-departmental operation on 10 October, arresting two suspected illegal workers and investigating the issue of unlicensed apartments. The Government's decisive and swift response to the community's concerns about illegal workers and unlicensed apartments is commendable. In the face of a manpower shortage in the labour market, the Government has stepped up its efforts in combating illegal employment whilst appropriately importing workers from outside the HKSAR, so as to safeguard the rights and interests of both local workers and lawful imported workers, and to maintain the order of the local labour market.

1,180 illegal workers were arrested last year, according to the Immigration Department's annual report, most of whom were prosecuted and fined or imprisoned before being repatriated to their places of origin. The media found that some people had organised illegal workers to stay in unlicensed apartments, which involved various offences, including breaching conditions of stay, which is subject to a maximum penalty of a fine of $50,000 and imprisonment for five years; the organisers of illegal workers may even be guilty of aiding and abetting the commission of an offence under the common law, which is liable to a maximum penalty of seven years’ imprisonment; and the operators of unlicensed apartments are suspected of breaching the Bedspace Apartments Ordinance, which is subject to a maximum penalty of a fine of HK$100,000 and imprisonment for two years. The inter-departmental enforcement action demonstrates the determination to combat offences in all aspects.

It is necessary to step up enforcement and impose deterrent penalties to effectively combat illegal employment. The key to the existence of a market for illegal workers lies in the greed of individual employers who seek to reduce costs by hiring illegal workers. As a matter of fact, the penalties for employing illegal workers in Hong Kong are quite heavy. According to the Immigration (Amendment) Ordinance 2021, the maximum penalty for employers employing persons who are not lawfully employable has been substantially increased from a fine of $350,000 and three years' imprisonment to a fine of $500,000 and 10 years’ imprisonment. The High Court has laid down sentencing guidelines that the employer of an illegal worker should be given an immediate custodial sentence. However, the guidelines did not specify a sentence starting point, and in many past cases, the employers were only sentenced to a few weeks’ imprisonment; therefore, some individual employers still took the risk. In the meantime, illegal employment is relatively hidden and effective crackdown relies on whistleblowing. Some Legislative Council members suggested that the Government should establish an incentive reporting mechanism and set up a hotline for complaints, so as to effectively enhance the crackdown efforts and deterrence, which merit active consideration by the Government.

The Government has earlier announced the implementation of the Labour Importation Scheme for the Construction Sector and Enhanced Supplementary Labour Scheme, under which unskilled or low-skilled workers in 26 job categories, including salespersons and waiters, can come to work in Hong Kong. As the unemployment rate in Hong Kong remains low, it is an indisputable fact that there is a shortage of labour. It is necessary to import an appropriate number of workers to solve the problem of manpower shortage, whilst at the same time protecting the employment rights and interests of local workers. If illegal workers are allowed to flood in, the normal order of the local labour market will be undermined and the rights and interests of both local workers and legal imported workers will be jeopardised. Therefore, the Government must step up enforcement against illegal employment, strengthen inspections, conduct more publicity and education, and remind employers not to break the law, so as to ensure the healthy and stable development of the local labour market.

◆ Tiffany