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Letters | Hong Kong’s laws targeting false credentials must apply equally

Readers discuss a recent case involving an applicant to the city’s talent scheme, a diplomatic row over the Japanese prime minister’s remarks, and Trump calling a journalist ‘piggy’

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A statue of Lady Justice at Hong Kong’s Court of Final Appeal. The Department of Justice should review its prosecution policies to ensure that deterrence, fairness and consistency remain the guiding principles in every case. Photo: Reuters
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The recent case of Li Fei, who used false credentials to obtain an entry permit under Hong Kong’s Top Talent Pass Scheme, raises serious concerns about the city’s equal application of the law.

Despite presenting counterfeit documents, including a fake overseas degree, to claim benefits intended for genuine talent, Li faced no criminal conviction or custodial sentence. Instead, after the Department of Justice decided to withdraw prosecution, the court imposed only a two-year bind-over order with a bond of HK$2,000 (US$256).

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A bind-over order is not a criminal penalty; no conviction is recorded and no punishment is imposed. In response to media queries, the Department of Justice declined to comment on individual cases. It stated that its bind-over orders are compliant with the Prosecution Code and serve the public interest. However, such explanation offers little reassurance, given the wider implications for public trust in Hong Kong’s legal and immigration systems.

This outcome stands in sharp contrast to a similar case earlier this year, when another woman, convicted of forging a Columbia University degree and falsifying academic records to enter the University of Hong Kong, was sentenced to 240 days’ imprisonment. Such disparity inevitably raises questions about consistency, transparency and the principle of equality before the law.
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Allowing deliberate deception in immigration matters to go unpunished trivialises the seriousness of such offences and risks eroding confidence in Hong Kong’s rule of law. I urge the Department of Justice to review its prosecution policies to ensure that deterrence, fairness and consistency remain the guiding principles in every case. Only by doing so can our city maintain public faith in the integrity and impartiality of its justice system.

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