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Swiss Chinese Law Association — Geneva

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Legal Observatory / Everyday Rights

Law and Society Cross-Border Hong Kong SAR Court judgment

Mainland Student Sentenced to Two Months' Imprisonment in Hong Kong SAR for Fraudulent Academic Credentials

A 20-year-old Mainland student was sentenced to two months' imprisonment in Hong Kong SAR after using a false overseas academic certificate to gain post-secondary admission and an immigration permit.

What Changed

  • Kwun Tong Magistrates' Courts sentenced a Mainland student to two months' imprisonment for obtaining services by deception.
  • Joint ImmD and Police investigation established that the overseas educational institution cited by the student did not exist.
  • ImmD reiterated that student visas or residence permits obtained by fraud will be declared invalid and result in criminal prosecution and removal.

On October 20, 2026, a 20-year-old male Mainland student was sentenced to two months' imprisonment by the Kwun Tong Magistrates' Courts in Hong Kong SAR after pleading guilty to one count of obtaining services by deception.

**Case Background and Investigation**

The proceedings follow a joint investigation launched in November 2024 by the Hong Kong Immigration Department (ImmD) and the Hong Kong Police Force regarding false academic qualifications. Investigations revealed that the defendant submitted a false academic certificate purportedly issued by an overseas educational institution to a local post-secondary institution to gain admission to a higher diploma programme. After securing an admission offer, the defendant presented the same credential to the ImmD when applying for an entry permit to study in Hong Kong SAR, declaring that he had completed a three-year diploma programme at the overseas institution.

Under caution, the defendant claimed he obtained the qualification through an intermediary after completing a two-month distance learning programme at a Mainland branch of the overseas institution. However, follow-up inquiries established that the overseas educational institution did not exist.

**Statutory Penalties and Immigration Enforcement**

The defendant was subsequently charged under the Theft Ordinance with obtaining services by deception, which carries a maximum penalty of 10 years' imprisonment upon conviction.

An ImmD spokesman emphasized that making a false statement to an Immigration Officer constitutes an offence punishable by a maximum fine of HK$150,000 and up to 14 years' imprisonment upon conviction, with aiders and abettors equally liable to prosecution. The ImmD further cautioned that any student visa, permit, or residence status obtained in Hong Kong SAR through fraudulent means will be declared invalid under Hong Kong law, subjecting offenders to criminal liability and removal to their place of origin.

Who May Be Affected

Non-local student visa applicants, academic admissions offices, intermediaries, and immigration authorities in Hong Kong SAR.

Cross-Border Context

Cross-border educational enrollment and entry permit applications involving Mainland Chinese students and overseas qualifications submitted in Hong Kong SAR.

What to check next

  • Immigration Department enforcement statistics and guidelines regarding foreign credential verification.
  • Statutory provisions under the Theft Ordinance (Cap. 210) regarding obtaining services by deception.

This article provides general information and does not constitute legal advice. Consult the official text and obtain advice appropriate to your circumstances where needed.

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