What is the legal nature of Hong Kong’s fake marriage to mainland China?

According to current Hong Kong law, any person involved in false marriage activities is illegal and commits crimes such as making false statements and conspiracy to defraud. At the same time, in Hong Kong, conspiracy to commit false marriage is a serious crime. The persons involved may also commit the following criminal offenses:

1. Conspiracy to commit fraud;

2. Reporting to Immigration Department staff The crime of making false representations;

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

4. The crime of making false statutory declarations and

5. Bigamy, etc. offense.

According to Section 34 of the Hong Kong Crimes Ordinance, paragraph 1 of the crime of false representation about marriage: for the purpose of procuring a marriage or obtaining a certificate or license for a marriage, knowingly and intentionally make a false oath or make or Sign a false statement, notice or certification.

Where such declaration, notice or certificate is made in accordance with the statutory laws on marriage in force for the time being, it shall be an offense and upon conviction upon indictment, the person shall be liable to imprisonment for 7 years and a fine. "In other words, both parties involved in the fake marriage may face up to 7 years in prison once confirmed.

Extended information

1. The parties registered their marriage in Hong Kong , the same as the procedures for Hong Kong people to register for marriage. When submitting the "Notification of Intended Marriage" to the Marriage Registration Office for scheduling, you need to include the following documents:

1. A copy of the entry permit/travel document Copy or fax,

2. Copy or fax of ID card,

3. Household register (to prove marital status is single) or no marriage certificate,

4. "Notice of Intended Marriage" signed by both parties (the information of the other party's parents must be filled in).?

On the day of marriage registration, just bring the originals of 1, 2, and 3 above to register.

2. The Ministry of Civil Affairs specially issued the "Several Regulations on Marriage Registration between Overseas Chinese and Domestic Citizens, and Hong Kong and Macao Compatriots and Mainland Citizens". If a Mainland citizen voluntarily marries in the country or the Mainland, both parties should apply to the marriage registration office of the people's government at or above the county level in the country or the Mainland where one party's household registration is located.

The documents that domestic or Mainland citizens must provide are: 1. Household registration certificate issued by the public security police station where your registered residence is located. 2. Certificate of your birth date, ethnicity, occupation and marital status issued by your work unit or city, sub-district office, or rural township (town) people's government.

The documents for Hong Kong and Macao compatriots are: 1. Hong Kong and Macao resident identity cards, return home certificates or seaman's certificates for Hong Kong and Macao compatriots; 2. Marital status certificate issued by the Hong Kong Marriage Registry and certified by the lawyer. A statement made by the applicant that the marriage has never been registered anywhere else; 3. Proof of marital status issued by the Macao Administrative Bureau or the Police Department.

In addition, when overseas Chinese and compatriots from Hong Kong and Macao apply for marriage registration, It is also necessary to hold proof of occupation or reliable financial resources abroad or in Hong Kong and Macao; and a pre-marital health certificate issued by a hospital at or above the county level designated by the marriage registration agency.

Compatriots from Hong Kong and Macao who did not register their marriage in their place of origin are also required. You must hold a certificate of your marital status issued by the people's government of the township (town), city, or town sub-district office of your place of origin (or place of residence or place of work), or a non-spouse guarantee issued by two relatives and friends in the mainland who know the situation. .

If the parties are divorced, they must also hold a divorce certificate. If they are widowed, they must hold the death certificate of the original spouse. If they have been in a cohabitation relationship, they must hold an agreement to break away from the cohabitation relationship.

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Reference materials: Baidu Encyclopedia Regulations on the Entry and Exit Management of Foreigners of the People's Republic of China

Experts from the People's Daily Online explain in detail how to deal with "fake marriages"