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A Mainland pregnant woman and two Hong Kong residents pleaded guilty to charges of conspiracy to defraud, conspiracy to obtain services by deception and making a false declaration for the purpose of birth registration at Sha Tin Magistrates' Courts today (April 22).
The first and second defendants were a Mainland pregnant woman and her resident husband, while the third defendant was the father of the first defendant's ex-husband. They were jointly charged with one count of conspiracy to defraud and one count of conspiracy to obtain services by deception. The second and the third defendants were also charged with one count of making a false declaration for the purpose of birth registration and one count of aiding, abetting, counselling and making a false declaration for the purpose birth registration respectively. The three defendants pleaded guilty to all charges and each was sentenced to 12 months' imprisonment.
The Immigration Department's investigation revealed that the 39-year-old first defendant and the second defendant got married in Hong Kong on July 29, 2012. Subsequently, she successfully obtained a Confirmation Certificate on Delivery Booking from a private hospital for delivery services in 2013 by virtue of her marital relationship with her resident husband. The Immigration Department had doubts concerning the matrimonial relationship between the first and second defendants, leading to an investigation.
The second and third defendants were intercepted at the Birth Registry on the birth registration of the first defendant's baby on January 15, 2013. The first defendant was later apprehended at her reported address on the same day.
During the investigation, the first and the second defendants admitted that, under the third defendant's arrangement, they had contracted a bogus marriage to enable the first defendant to obtain a Confirmation Certificate on Delivery Booking for her delivery in Hong Kong. The third defendant also admitted making such an arrangement for the first and the second defendants. Meanwhile, the first defendant admitted that her baby's natural father was in fact her Mainland ex-husband. At the birth registration the second defendant falsely declared himself to be the natural father.
"The Immigration Department 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 related immigration offences committed by non-local pregnant women and their abettors," an Immigration Department spokesman said.
The spokesman warned that conspiracy to defraud is a serious offence. Offenders are liable to prosecution and upon conviction, under the Crimes Ordinance, the maximum penalty is imprisonment for 14 years. 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 ten years.
The spokesman added that under the Crimes Ordinance, any person who wilfully makes any false certificate or declaration for the purposes of any enactment relating to the registration of births or deaths, shall be guilty of an offence and shall be liable, upon conviction, to the maximum penalty of imprisonment for seven years. Aiders and abettors are also liable to prosecution.
Ends/Monday, April 22, 2013
Issued at HKT 19:34
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