28th August 2026 – (Hong Kong) A 46-year-old female resident of Mainland China has been convicted and jailed for seventeen months by the District Court after being found guilty of two counts of conspiracy to make a false instrument. The Immigration Department’s investigation stemmed from a suspected case involving the use of forged Hong Kong identity cards by Mainland residents to secure unlawful employment in the city. The defendant was apprehended following detailed inquiries and intelligence review, which uncovered images of counterfeit Hong Kong identity cards on her mobile phone, including one featuring her own details. Under caution, the woman admitted that she had acquired a forged Hong Kong identity card, bearing her name and image, from an agent in her efforts to seek employment in Hong Kong in 2024. She further confessed to having accepted a sum of ten thousand dollars from a fellow Mainland resident as payment for arranging the fabrication of a forged identity document and facilitating illegal employment.
Court proceedings revealed that the woman had previously provided a forged Hong Kong identity card to another Mainland resident, arranging for their illegal employment in Hong Kong. In an earlier case from November 2024, she was convicted at the Shatin Magistrates’ Courts of aiding and abetting others to possess forged identity cards and received a twelve-month prison term. The illegal workers involved in this matter were previously convicted for offences including breach of condition of stay and possession of forged identity cards, receiving sentences of fifteen months’ imprisonment.
A spokesperson for the Immigration Department noted that Hong Kong law treats the use or possession of forged identity cards as a serious offence, carrying a maximum sentence of ten years in prison and a fine of one hundred thousand dollars. Similarly, transferring an identity card to another person without lawful authority is an offence attracting the same penalties. Making, possessing or using false instruments may result in imprisonment for up to fourteen years. The spokesperson reiterated that any breach of condition of stay or unauthorised employment in Hong Kong makes individuals liable to prosecution and, if convicted, up to two years’ imprisonment and a fifty thousand dollar fine; those who assist in such activities are also criminally liable.
Special mention was made of section 38AA of the Immigration Ordinance, which prohibits illegal immigrants, those subject to removal or deportation orders, overstayers and persons refused permission to land from employment in any capacity or the establishment of any business. Conviction for such an offence is punishable by up to three years’ imprisonment and a fifty thousand dollar fine. The Immigration Department further highlighted that the penalty for employers illegally employing such individuals has been significantly increased, now carrying a maximum of ten years’ imprisonment and a five hundred thousand dollar fine, also exposing company managers and directors to prosecution.
Employers are required by law to make all reasonable checks on prospective employees, including verifying identity documents and making relevant enquiries to eliminate doubt regarding a candidate’s eligibility to work. Neglecting this duty cannot be used as a defence, and additional penalties apply if employers fail to inspect a job seeker’s valid travel documentation when no Hong Kong permanent identity card is presented. Such neglect may lead to a maximum fine of one hundred and fifty thousand dollars and one year’s imprisonment if convicted.
The Immigration Department reaffirmed its commitment to robust enforcement, noting that standard procedures include screening each individual arrested for vulnerability to human trafficking or forced labour. Any indicators prompt further assessment, with appropriate support and services to be provided where necessary. Authorities encourage anyone who suspects they are a victim of trafficking or forced labour to report their situation to the relevant departments immediately.