Mainland Chinese Woman Acquitted of Fraud in Hong Kong Top Talent Visa Case

A Hong Kong court has acquitted a mainland Chinese woman of fraud charges, a case that hinged on the alleged use of a fake academic degree to secure the city's coveted Top Talent Pass Scheme (TTPS) visa. The ruling by Magistrate Raymond Wong at the Shatin Magistrates’ Courts offers a crucial distinction between an applicant's intent and the actions of their agents.

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Magistrate Raymond Wong found Xu Lina, 36, not guilty of conspiracy to defraud at the Shatin Magistrates’ Courts on Monday, according to local media.

The prosecution had accused the 36-year-old woman, Xu Lina, of conspiring with an agent to defraud immigration authorities by falsely presenting a bachelor's degree from the University of Technology Sydney. This was in pursuit of a Category B visa, which requires a recognized university degree, rather than a Category A visa, which is based on income thresholds.

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While Xu wanted to apply for a Category A visa, which only requires a HK$2.5 million income from the past year, Sun filed her application for a Category B visa, which also demands a degree from a “top university.”

However, the magistrate found merit in Xu's defense, which posited that she was deceived by her mainland agent, surnamed Sun. Xu testified that she paid Sun approximately HK$520,000 and believed she was applying for a Category A visa. Crucially, the court noted that key application details, such as phone numbers and signatures, did not belong to Xu, suggesting the agent may have acted independently and potentially for personal gain by applying for a higher-fee visa category without her full consent.

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It was possible that the agent may have “secretly” applied for a Category B visa for a higher fee and kept Xu in the dark, with her believing she was submitting a Category A application, Wong said.

The ruling highlights the complexities of visa applications, particularly when third-party agents are involved. While the magistrate criticized Xu for not personally verifying application materials, he ultimately accepted the possibility that she was a victim of her agent's actions. This case underscores the importance of due diligence for both applicants and immigration authorities in navigating the intricacies of talent schemes designed to attract high-earners to Hong Kong.

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The magistrate criticised Xu for never checking the application materials herself after paying Sun the fee and passing on her documents.