What is the legal nature of Hong Kong's fake marriage to the Mainland?

According to the existing laws in Hong Kong, it is illegal for anyone to participate in fake marriage activities and commit crimes such as false statements and conspiracy to defraud. At the same time, in Hong Kong, conspiracy to get married under false pretences is a serious crime, and the persons involved may also commit the following criminal offences:

1, conspiracy to defraud;

2. Offence of making false statement to an officer of the Immigration Department;

3. The crime of signing false notice to promote marriage;

4. Making a false statutory declaration; and

5. Crimes such as bigamy.

According to the first paragraph of Article 34 of the Crimes Ordinance of Hong Kong, the crime of false marriage statement: knowingly and intentionally making false vows, or making or signing false statements, notices or certificates for the purpose of promoting marriage or obtaining marriage certificates or permits.

And the declaration, notice or certificate is required by any enactment relating to marriage for the time being in force, commits an offence and is liable on conviction on indictment to imprisonment for 7 years and a fine. "That is to say, the parties to a fake marriage, once verified, may face up to seven years in prison.

Extended data

According to the relevant provisions of the Immigration Ordinance, mainland people suspected of "fake marriage immigration" will face a maximum fine of HK$10.5 million and a penalty of 14 years' imprisonment. Anyone who commits the crime of conspiracy to defraud and violates the common law can be sentenced to imprisonment 14 years upon conviction according to the relevant provisions of the Crimes Ordinance and the Criminal Jurisdiction Ordinance.

Intermediaries engaged in fake marriages have always been the target of severe crackdown by the Hong Kong government. According to section 159 of Hong Kong Crimes Ordinance, a person convicted of conspiracy to defraud in common law can be sentenced to a maximum of 14 years' imprisonment. At the same time, the Immigration Ordinance of Hong Kong also stipulates that those who make false statements to the Immigration Department to obtain residence certificates and other documents can be sentenced to a maximum of 14 imprisonment and a fine of150,000 yuan.

References:

Regulations on the Entry and Exit Administration of China People and Foreigners

People's Daily Online Experts Interpret the Way to Manage "Fake Marriage"