- Defence counsel argues convict was persuaded by insurance agent to take part in fraud
- But judge says it was a planned act that dealt a blow to local insurance industry
A local court has jailed a woman from mainland China for 25 months for attempting to bilk a Hong Kong insurance company out of HK$5 million (US$639,000) using a forged death certificate.
Liu Fang, 34, admitted to filing two death claims with Dah Sing Life Insurance Company on June 3, 2016, and projected herself as the beneficiary of the death of her insured business partner, who was actually alive.
But the insurance company refused to grant Liu the benefits she sought as she failed to provide the medical records of her business partner. Later, an investigation by the city's anti-corruption watchdog found that the death certificates submitted by Liu were fake, and the man, who was supposed to be deceased, was still alive the following year.
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The woman on Tuesday pleaded guilty to one count of conspiracy to defraud at the District Court. Judge Ernest Michael Lin Kam-hung sentenced her on Tuesday and said she had dealt a blow to the local insurance industry.
In May 2016, Liu met her business partner Hou Zhenlian and an insurance agent from Dah Sing in mainland China to discuss plans to deceive the company.
She obtained fake death certificates for Hou from his colleagues, which claimed he had died of heart failure and was buried four days after his death. She also applied to the mainland police to rescind his household registration.
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In mitigation, the defence counsel said Liu was persuaded by the insurance agent to take part in the fraud, and that she did not mastermind the offence, but Lin rejected the claim.
"The defendant was at the centre of the cross-border syndicate, which executed a planned and premeditated scheme to defraud," Lin said.
Lin noted that her scheme would have had implications for the city's relationship with the mainland if she succeeded. It would also have added to the financial burden of insurance companies to inspect fake claims " a price which would eventually be borne by clients.
He said the seriousness of this case warranted a deterrent sentence, but he decided to reduce her jail term given her guilty plea and pregnancy.
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