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Forgery/ Use of False Instruments

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Recently, many individuals from mainland China have been arrested and prosecuted for believing intermediaries who led them to think they could obtain approval to study or reside in Hong Kong through false information. Obtaining entry permit or residence status in Hong Kong by fraudulent means, such an entry permit or residence status will be declared invalid according to the laws of Hong Kong and will be subject to criminal liability and removal back to place of origin. Our lawyers have a proven track record of representing clients in a wide range of cases involving various government agencies, such as the police, the Independent Commission Against Corruption (ICAC), the Immigration Department, the Customs and Excise Department, the Inland Revenue Department, and the Housing Department. We are unwavering in our commitment to providing clients with pragmatic and feasible legal advice. Our primary focus is to protect their interests and ensure they can achieve the best results in the legal proceedings.

Our comprehensive range of services spans the entire legal process, encompassing everything from confessions and pre-trial investigations to court proceedings, ONE Bindover, a pre-trial review (PTR), trial, and appeal (Appeal). This breadth of expertise ensures that we can handle any legal situation our clients may face.

Forgery/ Use of False Documents offenses include: 

  1. Cap. 200 Crimes Ordinance ─ Section 36 False statutory declarations and other false statements without oath

  2. Cap. 200 Crimes Ordinance ─ Section 71 The offence of forgery

  3. Cap. 201 Prevention of Bribery Ordinance - Section 9(3)

 

Common cases: 

  1. Using false instruments to apply entry permits under the Top Talent Pass Scheme (TTPS) and the Quality Migrant Admission Scheme

  2. Falsifying academic qualifications and proofs of employment to facilitate applications for study or employment in Hong Kong or visa renewal

  3. Submitting or knowingly make any false document or record (such as quotation records, progress reports, inventory lists, attendance records and declaration forms, etc.) to deceive the public body

What should you do if invited for a statement or arrested?

It is recommended to be accompanied by a lawyer during police interviews. Contact us immediately after being arrested so we can assist you in formulating a response strategy and ensure your legal rights are protected.

What are the penalties for false statements and false documents?

Any person who makes or causes to be made a false statement are liable to prosecution and, upon conviction, subject to the maximum penalty of a fine of $150,000 and imprisonment for 14 years. Aiders and abettors are also liable to prosecution and penalties. Any person who makes, uses or has in his custody a false instrument commits an offence and is liable to prosecution and, upon conviction, subject to imprisonment for 14 years.

Our services:

  1. Attending the police station, Independent Commission Against Corruption, Customs, Immigration Department, Inland Revenue Department, Housing Department or other law enforcement agencies to accompany clients to give statements and apply for bail

  2. Conducting case research and providing advice on criminal legislation and related procedures

  3. Appointing a barrister with relevant experience on behalf of the clients

  4. Advising and assisting in Plea Bargaining

  5. Obtaining case-related information from the police before trial

  6. Assisting in gathering evidence before trial

  7. Applying for blind overs on behalf of a client

  8. Applying for bail before trial or pending appeal

  9. Attending courts at all levels, from the Magistrates’ Court to the High Court

  10. Interceding and applying for commutation of sentence

  11. Appeals for clients in courts 

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