Hong Kong’s highly selective Top Talent Pass Scheme (TTPS) faces judicial scrutiny after a mainland Chinese woman appeared in Sha Tin Magistrates’ Courts, signaling her intention to contest charges of conspiracy to defraud immigration authorities. The defendant, 36-year-old Xu Lina, is accused of collaborating with an individual known only as Mr. Sun to allegedly falsify an Australian bachelor’s degree to meet TTPS eligibility requirements, aiming to secure residency in Hong Kong for herself, her spouse, and their three children.
The case, which returned to court on November 20, 2025, centers on allegations that Ms. Xu and her purported accomplice dishonestly represented crucial professional qualifications to the Director of Immigration staff sometime in 2024. This alleged misrepresentation sought to induce approval for family entry and residency that would otherwise have been denied, prosecutors contend.
Key Points of Contention Emerge in Court
Before Acting Principal Magistrate Cheang Kei-hong, the defense counsel confirmed Ms. Xu’s formal stance of pleading not guilty to the single count of conspiracy to defraud. The decision sets the stage for a detailed three-day trial next year.
The defense revealed its strategy, indicating plans to dispute an alleged oral admission made by Ms. Xu and to challenge the authenticity of the TTPS application documentation itself. They plan to call two witnesses, most notably a handwriting expert who will address questions of authorship concerning the application forms submitted to the Immigration Department.
Conversely, the prosecution has committed to calling seven witnesses. This group includes a critical overseas witness affiliated with the University of Technology Sydney, suggesting the core of the case will focus on verifying the legitimacy of the Australian degree cited in the application.
Magistrate Cheang has scheduled a pre-trial review and formal plea for February 25, 2026, ahead of the full trial, which is slated to begin on March 18, 2026. Ms. Xu remains free on bail pending these court dates.
The Scope of Hong Kong’s Top Talent System
This high-profile case casts a spotlight on the integrity of the TTPS, one of Hong Kong’s most ambitious post-pandemic programs designed to attract high-earning and highly educated professionals globally. Launched in late 2022, the scheme specifically targets top talent in two categories: Category A, aimed at individuals with substantial annual incomes ($320,000 or more in the preceding year), and Category B, which applies to graduates from the world’s top 100 universities who possess at least three years of work experience.
The reported fraud allegations—specifically targeting the academic qualification requirement—underscore the rigorous and often complex vetting process involved in securing residency under these schemes. While Hong Kong relies heavily on these programs to revitalize its workforce, rigorous checks of qualifications, especially those submitted from overseas, are paramount to maintaining the public trust and the scheme’s credibility.
For prospective applicants to the TTPS, this case serves as a sharp reminder of the necessity for absolute transparency and verifiable credentials. Any material misstatement during the application process can lead to severe criminal penalties, including fines and imprisonment, alongside revocation of immigration status. The outcome of the upcoming trial will undoubtedly shape how the Immigration Department manages integrity checks and enforces compliance across all its major talent attraction programs moving forward.