Between 27 and 28 July, the Hong Kong Immigration Department, in conjunction with the Travel Industry Authority, launched a successive special operation and arrested two Mainland visitors aged 22 and 31. The pair advertised services via social media platforms, offering tour guiding and commercial travel photography services to clients in Hong Kong.
Law enforcement officers posed as clients online to conduct enquiries and make bookings. They arrested the suspects on-site when the individuals arrived in Hong Kong to deliver the services.
Many enterprises carrying out business in Hong Kong hold a misconception: they believe no violation occurs if payments are settled in Mainland China, no cash is received, and only short-term ad-hoc operations are conducted.
The core judgment criterion under Hong Kong law does not rest on where payment originates or whether remuneration is involved. The decisive factor is: any person physically present in Hong Kong providing services to external parties is regarded as undertaking employment work.
Following crackdowns targeting unlicensed Mainland travel photographers (illegal workers) in Macao, the joint special operation by the Hong Kong Immigration Department and Travel Industry Authority targets Mainland visitors accepting orders via social media for travel photography, tour companionship and ground guiding services. This sends a clear regulatory signal: law enforcement against illegal work by visitors in Hong Kong and Macao has been escalated. Online evidence collection paired with offline sting operations has become standard practice. Mainland enterprises expanding into Hong Kong are highly susceptible to falling into similar compliance traps.
Legal Red Lines for Working in Hong Kong
Core Legal Stipulations (Cap. 115 Immigration Ordinance)
Any person entering Hong Kong as a visitor (holding tourist or business visitor visas) shall not engage in employment work, paid or unpaid, without approval from the Director of Immigration.
Penalty for individual conviction: Maximum fine of HK$50,000 and imprisonment for 2 years.
Those who aid, abet or arrange others to carry out unlawful work are also subject to criminal liability. Enterprises and business leaders face associated risks.
Clarification of distinction: Casual photography by ordinary tourists is legally distinct from publicly soliciting clients via social media to provide commercial services in the eyes of law enforcement. Even students studying in Hong Kong cannot undertake such commercial services without valid work permits.
Stringent penalties apply in both Hong Kong and Macao for illegal work and illegal employment, with enterprises prioritised as parties held accountable:
- Individuals undertaking paid commercial labour without authorisation in Hong Kong and Macao: In Hong Kong, maximum fine of HK$50,000 together with 2 years’ imprisonment; in Macao, heavy fines, short-term imprisonment and bans on future entry may be imposed.
- Enterprises illegally hiring personnel without valid work authorisation: In Hong Kong, maximum fine of HK$500,000 and imprisonment for 10 years; corporate entities in Macao face substantial administrative fines, criminal liability for responsible persons and restrictions on commercial operations.
Both regions adopt territorial rules of evidence. Once proof of service payment and delivery of commercial services is established, parties have limited grounds for defence. The burden of proof to establish non-liability rests with enterprises and involved individuals.
Most Common Compliance Pitfalls for Mainland Enterprises
Many companies mistakenly assume employees holding Mainland business visitor visas may travel to Hong Kong to deliver projects. This constitutes a critical misunderstanding. Business visitor visas only permit activities such as meetings, negotiations, contract signing, site visits and exhibition attendance — they do not allow on-site delivery of services to external parties.
Four high-risk scenarios where Mainland enterprises frequently breach regulations:
- On-site project delivery: Technical, implementation and operational staff from Mainland China entering Hong Kong on business visitor visas to conduct on-site implementation, technical commissioning or on-site maintenance for Hong Kong clients. This constitutes an offence even if services are provided to existing clients and salaries are paid in the Mainland.
- Cross-border commercial service provision: Teams offering planning, photography, consulting and training travel to Hong Kong as visitors to deliver on-site shooting, offline training and consultancy services to Hong Kong clients. This carries identical legal risks to the travel photography arrest case.
- Outsourcing & subcontracting risks: Enterprises commission Mainland service providers or freelancers to complete work in Hong Kong. If contractors perform duties in Hong Kong on tourist or business visas, the hiring enterprise may be deemed to have aided and abetted illegal work and bear joint liability.
- Long-term temporary operations in Hong Kong: Mainland staff commuting frequently to Hong Kong as visitors to handle daily operations, client reception and on-site execution for Hong Kong subsidiaries.
✅ Permitted activities for visitors: Business negotiations, contract signing, exhibition participation, business visits and internal meetings.
❌ Prohibited activities for visitors: Delivering services to clients, executing business tasks or providing professional services (paid or unpaid) within Hong Kong.
This travel photography violation case mirrors high-risk scenarios frequently encountered by Mainland enterprises expanding overseas. Over 90% of small and medium-sized outbound enterprises face similar compliance vulnerabilities.
Practical Compliance Recommendations for HR Teams of Enterprises Operating in Hong Kong
Pre-travel screening for personnel
Clarify the nature of activities before staff travel to Hong Kong: business negotiations alone are permissible under a business visitor visa. If professional service delivery or on-site project implementation in Hong Kong is required, valid Hong Kong work permits must be secured in advance; business or tourist visas cannot be used as substitutes.
Management of external suppliers
Include explicit clauses in contracts with Mainland service providers and freelancers: contractors must independently obtain valid Hong Kong work permits to perform projects in Hong Kong. Arranging personnel with visitor status to provide services in Hong Kong is prohibited, mitigating corporate risks of abetting illegal employment.
Adjust business operation models
Prioritise remote service delivery and shift on-site work to online channels wherever feasible. If physical attendance in Hong Kong is mandatory, strictly follow formal work visa application procedures. Do not rely on the gamble that short stays will evade inspection. Law enforcement authorities in Hong Kong actively monitor social media platforms including Douyin and Xiaohongshu, and sting operations are now routine.
Internal policies and staff training
Brief business teams on Hong Kong stay conditions and dispel the misconception that business visas permit all forms of work. Ban business departments from privately arranging employees or external partners to deliver on-site projects in Hong Kong under visitor status.
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