Criminal record in Hk

Closed Thread
Page 1 of 3 1 2 3 LastLast
  1. #1

    Criminal record in Hk

    Hi all,

    I have a flat mate, who is my good buddy from Malaysia, found a job here and moved in with me recently.

    This friend of mine is stupid enough to shoplift some cheap stuffs that cost 300+HKD and was caught in a departmental store. He was charged in court 2 months back and was given a fine of HKD1000 and a criminal record.

    Although this is a small crime and has been settled, what are the possible future consequences? Will he have problems extending working visa in the future? Is it possible to keep the kind of crime he commited confidential? Afterall, the last thing you want your employer to know is to have a dishonest employee.

    Ive told him to fake his story if ever his HR is extending his working visa and find out that he has a criminal record. Just say was caught smoking in undesignated areas or littering in public etc.

    He is dead worried about it. its quite embarassing though, even to type this out. So we are trying to find out if things like these will be make known to the HR. If it is, will they be able to find out what crimes you commited?

    Appreciate any comments


  2. #2

    Join Date
    Feb 2006
    Posts
    1,650

    Do you think you get a criminal record for smoking in restricted areas or littering? Trying to fib HR could make things pretty bad. Why would they ask about criminal records anyways since he already has the job?


  3. #3

    I think the HR's gonna renew his working visa after a year. His afraid they might find out through immigration and question him about it.


  4. #4

    Join Date
    Jun 2005
    Location
    Hong Kong
    Posts
    23,205

    I suggest you pick your "buddies" more carefully.

    But anyway, my suspicion is that he will get away with this from an Immigration point of view - I don't think they check after the first application.

    He's stuffed if he ever wants to travel to the US and other places though - if he travles on business that may be how his employer finds out: when he needs a visa and/or is refused entry to somewhere that his passport would normally allow visa-free entry.


  5. #5

    Join Date
    Feb 2006
    Posts
    1,650
    Quote Originally Posted by eggarotte:
    I think the HR's gonna renew his working visa after a year. His afraid they might find out through immigration and question him about it.
    Wouldn't that be breaching a privacy barrier? Immigration would not have the right to tell his company about his record.

  6. #6

    Join Date
    Jun 2005
    Location
    Hong Kong
    Posts
    23,205

    Indeed - but if Immigration simply refused to extend his work visa...


  7. #7

    Join Date
    Dec 2004
    Location
    Hong Kong
    Posts
    6,734
    Quote Originally Posted by PDLM:
    Indeed - but if Immigration simply refused to extend his work visa...
    Since HK has been changing many of its policies to mirror those in the US and the UK, that's a very real possibility. Shoplifting would be a deportable offence in the US and would lead to a lifelong ban from the country. I'd be interested in knowing how HK Immigration deals with this case, so I hope the OP keeps us updated.

  8. #8

    Join Date
    Jun 2005
    Location
    Hong Kong
    Posts
    23,205

    A DH would be deported immediately, so there must be some direct link from the courts to Immigration. It is yet another example of the outrageous discrimination in HK bureaucracy that it happens to DHs, but not (as far as we know) to people on other types of visas.


  9. #9

    Join Date
    Mar 2006
    Posts
    4,043

    Google this

    "Article 13 Restrictions on expulsion from Hong Kong"

    and you find this:

    Deportation
    249. Under section 20 of the Immigration Ordinance (Chapter 115), the Chief Executive of the HKSAR may make a deportation order against an immigrant if the immigrant has been found guilty in Hong Kong of an offence punishable with imprisonment for not less than two years, or if the Chief Executive of the HKSAR deems it to be conducive to the public good....

    250. [B]Applications for deportation orders are made by the Director of Immigration. Before applying to the Secretary for Security for a deportation order against an immigrant, the Director will notify the immigrant of his intention to seek his deportation and invite him to make representations against the deportation....

    251. An immigrant against whom a deportation order has been made may lodge an objection to the decision with the Chief Secretary for Administration within 14 days.
    ---------
    Note: The above doc appears to be fairly old.

    I don't know the shoplifting laws here and how they categorize smaller thievery but this clause suggests that if guilty of a crime for which imprisonment of two years or more is the penalty - that then they can boot you out. Less than that - I didn't see anything there but I looked fast.

    ----

    The other way an employer can find out is if they have a policy of annual checks on credit and criminal backgrounds and some do. Then they'd find that they have someone who is untrustworthy among them and would find a way to boot their rears out the door. The good news for the petty thief here is that criminal records for employment purposes can be done but require someone to accompany the person to the police station as an all clear ends up in no report provided. Also, if there was this record, the untrustworthy guy wouldn't take it back anyway.

    ----
    As for advising the person to lie to his employer, in most jurisdictions and I assume HK too as it is very easy to fire folks here, that lying to your employer is grounds for dismissal for cause. This usually means you don't need to give notice or severance (not sure of HK though). It would be far better if this bozo gets caught to show his remorse for such a foolish act. If stats prove anything it is that when a shoplifter gets caught, it is not their first time stealing from innocent business owners and driving up the cost of goods for the rest of us.

    As HK Chigger notes - that is none too bright a bit of advice.

    Last edited by Football16; 28-11-2008 at 10:55 AM.

  10. #10

    Join Date
    May 2005
    Posts
    4,279

    The offence may or may not be classified as a crime - there is a difference. No crime no criminal record. As an offence it stays with you for a short period of time and is then cleared. The offender is "bound over" for a period of say, 6 months, during which time any further offences may result in higher penalties or imprisonment. The shoplifting may only be deemed by the judge as an offence requiring a penalty and binding (sic) over. Your "friend" should have the court hearing result for reference.


Closed Thread
Page 1 of 3 1 2 3 LastLast