13 March 2023
A Hong Kong resident was charged with one count of conspiracy to defraud and one count of conspiracy to obtain services by deception. The defendant pleaded guilty to the charges at the Shatin Magistrates' Courts on March 10. He was sentenced to 12 months' imprisonment for each charge and the sentences are to run concurrently.
The 27-year-old male defendant married a Mainland pregnant woman on the Mainland in November 2019. Subsequently, the Mainland pregnant woman successfully obtained a Confirmation Certificate on Delivery Booking from a private hospital for delivery services by virtue of her marital relationship with the defendant. Upon her attempt at arrival in June 2020, the Immigration Department (ImmD) asked the Mainland pregnant woman and the defendant about her purpose of visit. Due to doubts about the marital relationship between the Mainland pregnant woman and the defendant, the woman was refused permission to land by the ImmD, which led to an investigation. The Mainland pregnant woman could not give birth in Hong Kong eventually.
During the investigation, the defendant admitted that he was paid $15,000 as a monetary reward to contract a bogus marriage with the Mainland pregnant woman in order to enable her to obtain a Confirmation Certificate on Delivery Booking for delivery in Hong Kong.
An investigation of other suspects is continuing.
"The ImmD is concerned about the situation of non-local pregnant women seeking to give birth in Hong Kong by illegal means. While great efforts are made to intercept non-local pregnant women without a confinement booking at the control points, vigorous enforcement actions have also been taken to combat immigration-related offences committed by non-local pregnant women and their abettors," an ImmD spokesman said.
The spokesman warned that conspiracy to defraud is a serious offence. Under the Crimes Ordinance, offenders are liable to prosecution and upon conviction, the maximum penalty is imprisonment for 14 years. Moreover, under the Theft Ordinance, a person who by any deception dishonestly obtains services from another shall be guilty of an offence and shall be liable, upon conviction, to the maximum penalty of imprisonment for 10 years.