A 32-year-old Mainland resident who allegedly used a fabricated Australian university degree to secure entry under Hong Kong’s highly competitive Top Talent Pass Scheme (TTPS) has avoided conviction after a recent court proceeding. The case, heard at Sha Tin Magistrates’ Courts, concluded with the defendant agreeing to a bind-over order, leading to the withdrawal of the original charge related to making a false statement.
Residency Scheme Applicant Binds Over
The defendant, identified as Li Fei, a Two-way Permit holder, was accused of knowingly submitting false educational credentials in October 2023 to obtain an entry permit under the TTPS, a key initiative designed to attract high-earning and highly educated individuals to bolster Hong Kong’s workforce. Specifically, Li purportedly claimed to hold a Bachelor’s degree in Economics and Business Administration from Monash University in Australia, allegedly awarded in July 2014.
During the court mention, Acting Principal Magistrate Cheang Kei-hong approved an arrangement known as an offer-no-evidence bind-over. Under this system, the prosecution agrees to offer no evidence against the defendant, provided the defendant consents to be bound over to keep the peace and be of good behavior for a specified period. Li was ultimately bound over for 24 months in the sum of HK$2,000, and the charge was formally withdrawn.
Scrutiny of Overseas Credentials Intensifies
The proceedings highlight the stringent verification processes undertaken by the Hong Kong Immigration Department for high-level residency schemes. According to agreed facts presented in court, suspicion arose during a routine review of TTPS applications regarding the authenticity of Li’s overseas academic qualifications.
Li had submitted her application online on October 8, 2023, attaching what appeared to be an enrolment certificate from Monash University, along with an Australian student visa and associated immigration records. Based on this information, authorities granted the entry permit on November 2, 2023. Li subsequently entered Hong Kong on December 22, 2023, with permission to remain until December 22 of the current year.
However, subsequent verification efforts revealed irregularities. The Australian Consulate-General reportedly confirmed that the Australian visa application record submitted by Li was linked to another individual entirely, severely undermining the authenticity of her claims. Li was intercepted and arrested on May 23 of this year while completing follow-up entry permit formalities.
Key Facts of the Case:
- Scheme: Top Talent Pass Scheme (TTPS)
- False Claim: Bachelor’s degree from Monash University, Australia.
- Outcome: Defendant bound over for 24 months (HK$2,000 bond).
- Charge: Withdrawn by the prosecution.
Consequences for Immigration Violations
While the bind-over arrangement avoids a formal conviction, it serves as a stern warning against making false declarations to immigration authorities. A bind-over requires the individual to maintain good behavior; any subsequent offense during the specified period could result in the bond being forfeited, and the individual may face penalties for the original charge.
This case reinforces the rigorous checks Hong Kong employs, particularly for schemes like the TTPS, which aims to attract world-class talent primarily based on high qualifications and earning potential. The Immigration Department consistently reminds applicants that submitting fraudulent documentation is a serious offense carrying significant penalties, including fines and imprisonment, alongside revocation of residency status. Prospective applicants are urged to ensure complete honesty and accuracy in all submissions to avoid severe legal repercussions and permanent exclusion from future talent schemes.