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Following is a question by the Hon Elizabeth Quat and a written reply by the Secretary for Security, Mr Lai Tung-kwok, in the Legislative Council today (January 20):
Question:
It has been reported that a number of cross-boundary syndicates have made use of social networking web sites to recruit Hong Kong residents to participate in illegal activities relating to bogus marriages with mainlanders. Many Hong Kong residents have participated in such activities to make quick money and recommended their friends to participate so as to earn referral fees. According to some estimations, among the marriages between mainlanders and Hong Kong residents registered in Hong Kong each year, about 25% may be bogus marriages, involving nearly 7 000 Hong Kong residents. In this connection, will the Government inform this Council:
(1) in each of the past 10 years, of the number of bogus marriages uncovered by the authorities, the number of persons suspected of contracting bogus marriages (with a breakdown by gender and age group) and the number of intermediaries involved, the respective numbers of persons prosecuted and convicted, as well as the penalties generally imposed by the Court on those convicted; the top five countries/places where most people who entered Hong Kong through bogus marriages had come from, and the respective numbers of people from such countries/places, with a breakdown by gender and age group;
(2) as there are reports that in the past few years, the percentage of convicted cases of offences relating to bogus marriages in the suspected cases remained low (e.g. less than 10% in 2014), whether the authorities will allocate additional resources to the Immigration Department to step up efforts in combating bogus marriages and related intermediary activities; if they will, of the details; if not, the reasons for that;
(3) whether the authorities will, when handling cross-boundary marriage registrations, step up scrutiny work with a view to identifying any suspicious situation, and strengthen information exchange with mainland authorities and other countries;
(4) as there are comments that the penalties currently imposed by the Court on persons who committed offences relating to bogus marriages are generally far below the maximum penalties for such offences (e.g. offenders making false representation to Immigration Officers are liable to a maximum fine of $150,000 and imprisonment of 14 years), whether the authorities will enact specific offence provision against acts of bogus marriages and specify a minimum term of imprisonment in such provision, so as to enhance the deterrent effect; and
(5) whether the authorities will step up publicity efforts on social networking web sites and other channels to remind members of the public (in particular young people) not to defy the law and participate in illegal activities relating to bogus marriages for making quick money; if they will, of the details; if not, the reasons for that?
Reply:
President,
The Government has always been concerned about bogus marriages. The Immigration Department (ImmD) set up a special task force in 2006 to step up enforcement action against persons seeking entry into Hong Kong by means of bogus marriages and intermediaries aiding others to seek entry into Hong Kong through such means. When suspected cases are identified, ImmD will collect evidence through various different channels, conduct thorough investigation on parties to the suspected bogus marriage and relevant intermediaries, and prosecute offenders where there is sufficient evidence.
Our response to the various parts of the Hon Elizabeth Quat's question is as follows –
(1) From 2008 to 2015, ImmD investigated into a total of 5 890 suspected cases of bogus marriage. 8 655 persons were arrested as a result, out of which 1 550 persons were successfully convicted. Relevant statistics breakdown by year is at Annex 1. ImmD does not maintain relevant statistics by year before 2008.
Amongst the 1 550 persons successfully convicted, 886 were male and 664 were female. Apart from a small number of cases where the convicted were sentenced to Community Service Orders of 80 hours or above, the majority of the convicted were sentenced to imprisonment from 4 to 24 months. Separately, a case involving the head of a syndicate was sentenced to imprisonment for 48 months.
ImmD does not maintain statistics breakdown of those investigated or arrested for suspected bogus marriage cases by nationality or age. Amongst the said 1 550 persons successfully convicted, 1 124 were Hong Kong residents and 426 were non-Hong Kong residents.
Persons successfully convicted mentioned above include intermediaries and parties to the bogus marriage. ImmD does not maintain statistics breakdown on the number of intermediaries arrested.
(2) and (3) ImmD will continue to step up enforcement actions against persons seeking entry into Hong Kong by means of bogus marriages with Hong Kong residents. Adopting a multi-prong approach, measures will include stepping up immigration examination on arrivals, combating illegal workers, stepping up operations against intermediaries, stepping up checking of doubtful marriage registration cases, exchanging intelligence and cooperating with Mainland authorities, and preventing cases of bogus marriages for the purpose of seeking to give birth in Hong Kong. Details are at Annex 2. ImmD will monitor effectiveness of the above measures, and suitably deploy manpower to cope with operational needs and review the manpower requirements as necessary.
(4) Those involved in bogus marriage cases may commit the following offences –
Pursuant to section 42(1)(a) of the Immigration Ordinance (Cap. 115), any person who makes any false representation to immigration officers shall be guilty of an offence and liable on conviction to a maximum fine of $150,000 and to imprisonment for up to 14 years. Aiders and abettors are liable to the same;
Pursuant to section 34 of the Crimes Ordinance (Cap. 200), any person who knowingly and willfully makes a false oath or makes or signs a false declaration for the purpose of procuring a marriage or a certificate or licence for marriage shall be guilty of an offence liable on conviction to an imprisonment for up to 7 years and to a fine. Aiders and abettors are liable to the same;
Under common law and pursuant to section 159C(6) of the Crimes Ordinance and sections 2(3) and 6 of the Criminal Jurisdiction Ordinance (Cap. 461), a person convicted of the offence of conspiracy to defraud shall be liable to imprisonment for up to 14 years.
As mentioned in Part (1) of this response above, the majority of those convicted in bogus marriage cases were sentenced to imprisonment from 4 to 24 months, with a case involving the head of a syndicate sentenced to imprisonment for 48 months. We believe that the sentences have provided effective deterrence. That said, we will closely monitor the situation and conduct a review when necessary.
(5) ImmD reminds the public (including young people) from time to time on the relevant legal requirements through press conferences, press releases and media interviews. ImmD will continue to educate and disseminate the message to members of the public via various channels on the importance of observing the law and the serious consequences of committing the offences.
Ends/Wednesday, January 20, 2016
Issued at HKT 15:08
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