The government has taken its first legal action against an agent who assisted a pregnant woman from the mainland to come to Hong Kong to give birth. The Immigration Department pressed two counts of misconduct in violation of the Immigration Ordinance against Xu Li, a woman from the mainland. The charges were read at Shatin Magistrates' court on Friday.

Xu pleaded guilty to breaching the condition of stay and making a false representation to an immigration officer.

The court heard that Xu became a "middle woman" in 2010. She assisted mainland mothers-to-be to come to Hong Kong to deliver their babies. Xu's principal duty was to accompany her clients for prenatal care and to book maternity beds and hotels. The Immigration Department said Xu charged a few hundred to several thousand per occasion for her services.

After Xu admitted her guilt, Principal Magistrate Andrew Ma Hon-cheung asked the government whether the mainland mother-to-be involved in the case had already made reservations for a maternity bed before coming to Hong Kong.

Ma also asked that if Xu had told the truth when questioned by the immigration officer, would she be allowed to enter.

Xu will be remanded in custody until the case adjourned to next Monday.

Ma said the case was not a normal violation of condition of stay and the nature of the case is of a certain severity. Ma requested the prosecutor to submit further information before the case is adjudicated.

Xu's conduct was exposed by an immigration officer at Lok Ma Chau checkpoint on Jan 15, 2012, when she lied to the officer, saying she was unacquainted with the pregnant woman. In fact, Xu was accompanying the woman to the city. Xu said she was afraid that she would be refused entry to the city if she told the truth.

Xu was also accused of violating the condition of stay, set out in the immigration ordinance stipulating that visitors are forbidden from engaging in a profit-making business. Xu admitted she had paid the maternity fee for a pregnant mainlander on Dec 28, 2011, while she was holding a general travel document.

The SAR government has specifically targeted agents who assist pregnant mainlanders to get into Hong Kong. Chief Executive Donald Tsang said on radio on Thursday that those measures, including striking unlawful agencies and arranging more manpower at checkpoints, appeared to be paying off.

Tsang said the number of the pregnant mainland women without legal reservations rushing to emergency units has been cut by half over the past several weeks.

Tsang made a point of saying unlawful agencies should be put out of business. The issue arises from recent concerns that local women may be denied maternity care because of the heavy influx of mainlanders.

stushadow@chinadailyhk.com

China Daily

(HK Edition 02/11/2012 page1)