Hong Kong’s Immigration Department announced late on 10 February 2026 that two Filipino men, both non-refoulement claimants holding government recognisance forms that expressly ban employment, had been sentenced to 22 months and 15 days in prison by the Sha Tin Magistrates’ Court. (info.gov.hk)
The pair were arrested during a March 2025 raid on a Kwai Chung industrial building where they were loading goods for a logistics subcontractor. Prosecutors charged them under Section 38AA of the Immigration Ordinance, which prohibits any form of work – paid or unpaid – by persons subject to removal or deportation orders.
Employers assessing the immigration status of potential hires can streamline the process through VisaHQ’s Hong Kong portal (https://www.visahq.com/hong-kong/), which offers up-to-date visa guidance, document checklists, and application support for work permits and dependent passes. By using a single dashboard to track submissions, HR teams gain clarity on who is and is not authorised to work, reducing the risk of inadvertent breaches.
![Hong Kong jails two Filipino illegal workers and warns employers of harsher penalties]()
In a strongly worded statement, an Immigration Department spokesman reminded businesses that penalties for hiring illegal workers were raised last year to HK$500,000 and 10 years’ imprisonment, and that company directors and managers can be held personally liable. The High Court has also laid down guidelines requiring immediate custodial sentences for offending employers.
For mobility and HR leaders, the case underscores the need for stringent right-to-work checks when engaging casual labour or third-party contractors. Employers must inspect original identity documents, verify recognisance status, and retain copies. Failure to check a work-seeker’s travel document where no Hong Kong Permanent Identity Card is held is itself an offence.
The jailing dovetails with a broader enforcement drive ahead of the Lunar New Year tourism surge, during which authorities have pledged zero tolerance for illegal employment. Companies relying on seasonal warehouse or retail staff should audit agency supply chains and ensure all personnel are lawfully employable to avoid costly prosecutions and reputational damage.
The pair were arrested during a March 2025 raid on a Kwai Chung industrial building where they were loading goods for a logistics subcontractor. Prosecutors charged them under Section 38AA of the Immigration Ordinance, which prohibits any form of work – paid or unpaid – by persons subject to removal or deportation orders.
Employers assessing the immigration status of potential hires can streamline the process through VisaHQ’s Hong Kong portal (https://www.visahq.com/hong-kong/), which offers up-to-date visa guidance, document checklists, and application support for work permits and dependent passes. By using a single dashboard to track submissions, HR teams gain clarity on who is and is not authorised to work, reducing the risk of inadvertent breaches.
In a strongly worded statement, an Immigration Department spokesman reminded businesses that penalties for hiring illegal workers were raised last year to HK$500,000 and 10 years’ imprisonment, and that company directors and managers can be held personally liable. The High Court has also laid down guidelines requiring immediate custodial sentences for offending employers.
For mobility and HR leaders, the case underscores the need for stringent right-to-work checks when engaging casual labour or third-party contractors. Employers must inspect original identity documents, verify recognisance status, and retain copies. Failure to check a work-seeker’s travel document where no Hong Kong Permanent Identity Card is held is itself an offence.
The jailing dovetails with a broader enforcement drive ahead of the Lunar New Year tourism surge, during which authorities have pledged zero tolerance for illegal employment. Companies relying on seasonal warehouse or retail staff should audit agency supply chains and ensure all personnel are lawfully employable to avoid costly prosecutions and reputational damage.
