When someone has used up their Macao endorsement or can’t get one, a tip circulates: get a Hong Kong tourist endorsement, leave via the Hong Kong–Zhuhai–Macao Bridge (HZMB), but instead of crossing to Hong Kong, loop around at the bridgehead to the Macao port and enter Macao on a passport plus a ticket “flying to a third country”. This is known as “fake transit” (假飞), “detouring” (绕关) or “looping the checkpoint” (兜关). It sounds like exploiting a loophole — but people have already received criminal judgments for it.

1. A case that has already been decided

According to facts published by the People’s Court of Zhangshu City, Jiangxi Province: in December 2024, several mainland residents arranged to visit Macao. Unable to obtain Macao endorsements in time, they were introduced to a “scalper”, who arranged a vehicle to the HZMB Zhuhai Port, where they completed the Hong Kong departure formalities as required. After clearing the checkpoint they switched vehicles and headed to Macao, deliberately concealing their real purpose of visiting Macao, and entered Macao relying only on their passports and tickets “departing Macao International Airport for a third country”, posing as transit passengers — with no proper Macao endorsement at any point. The next day they returned to the mainland the same way.

The court’s finding was clear: the defendants violated border administration regulations by using entry permission obtained on a false exit-entry purpose and illegally crossed the border as a group, a serious circumstance constituting the crime of illegal border crossing (偷越国（边）境罪). Two defendants who came in after a phone summons and confessed truthfully were found to have surrendered, warranting a lighter penalty, and their voluntary guilty pleas warranted leniency.

2. What “fake transit”, “detouring” and “looping” mean

  • Fake transit (假飞): using a Chinese passport and a ticket from Macao International Airport to a third country to enter Macao as a “transit” passenger, then not flying anywhere but returning to the mainland. The ticket is real; the “flight” is fake.
  • Detouring / looping (绕关／兜关): clearing mainland border control at the HZMB Zhuhai Port on a Hong Kong endorsement, then instead of entering Hong Kong, turning around at the bridgehead to the Macao port and entering Macao on a passport and ticket.
  • What they share: no Macao endorsement, relying on the “transit” gap. Mainland residents’ Macao endorsements are limited in frequency (once a month in most areas, stricter in some provinces) — that’s the motive for detouring.

3. The law: where administrative penalties end and criminal liability begins

First, administrative liability. Article 71 of the Exit and Entry Administration Law of the PRC provides:

“Whoever commits any of the following acts shall be fined between RMB 1,000 and 5,000; where the circumstances are serious, they shall be detained for between 5 and 10 days and may also be fined between RMB 2,000 and 10,000: (1) exiting or entering with forged, altered or fraudulently obtained exit-entry documents; (2) exiting or entering using another person’s exit-entry documents; (3) evading exit-entry border inspection; (4) exiting or entering illegally by other means.”

Then criminal liability. What counts as “illegal border crossing” in criminal law? Article 6 of the Supreme People’s Court and Supreme People’s Procuratorate Interpretation on Several Issues Concerning the Application of Law in Handling Criminal Cases Obstructing Border Administration (法释〔2012〕17号) lists five situations, including item (4): “leaving or entering the country (border) using exit-entry documents obtained by means such as false exit-entry purposes, concealing true identity or using another person’s identity documents.”

What is “serious”? Article 5 of the same interpretation includes: (2) crossing illegally three or more times, or three or more people crossing illegally as a group; (5) crossing illegally again within one year of receiving an administrative penalty for illegal crossing; and (6) “other serious circumstances”.

The penalty is in Article 322 of the Criminal Law of the PRC: whoever violates border administration regulations by illegally crossing the border, where the circumstances are serious, shall be sentenced to imprisonment of not more than one year, criminal detention or public surveillance, and a fine.

Put together, that explains the “three times” threshold: a single instance usually results only in an administrative penalty (fine or detention); once it is three or more times, three or more people together, or a repeat within a year of an administrative penalty, it becomes “serious”, falls under Article 322, and leaves a criminal record.

4. The controversy: why some lawyers argue it is not a crime

To be fair, practice on this issue is divided; opinion is not one-sided.

  • The defense view: when you clear mainland border control at the Zhuhai Port on a Hong Kong endorsement, you are still in the mainland (the main span of the HZMB is within Zhuhai); you only cross the border when Macao inspects and admits you. Entry into Macao rests on Macao’s own transit policy (passport plus third-country ticket), with no causal link in criminal-law terms to the Hong Kong endorsement; and the person neither applied for nor used a fraudulently obtained Macao endorsement, so there is no crime.
  • The authorities’ position: applying for a Hong Kong endorsement on the ground of “tourism in Hong Kong” while really intending to detour into Macao is obtaining documents on a false exit-entry purpose, and the detour circumvents the approval and frequency limits on Macao endorsements.

From cases so far, a fair number go through criminal proceedings, and local practice varies widely: some provinces open cases and leave them pending for long periods (eight, nine or even ten months on bail without resolution), while others have transferred cases to procurators and courts, where most result in suspended sentences plus fines — but a suspended sentence is still a criminal judgment and leaves a criminal record. Media also report that a court in Qidong County, Hunan, sentenced a person who used their sister’s identity to obtain a permit to visit Macao to three months’ public surveillance and a RMB 2,000 fine for illegal border crossing.

These controversies are academic views and case observations, not settled court conclusions. Each case turns on which endorsement was obtained fraudulently, whether there was genuine transit, the number of trips and people, and the person’s intention — a small difference in facts can change the result entirely.

5. On the Macao side: abusing transit leads to refusal of entry

Macao does have a transit arrangement for mainland residents: Chinese passport holders transiting Macao must have a valid entry visa for another country (where required) and “transport documents for travelling to or returning from a foreign country via Macao International Airport” (such as a confirmed ticket), and may be granted up to 7 days’ stay.

But the system is tightening: according to Macao media citing Public Security Police statistics, in the first 11 months of 2025 alone, more than 7,800 entries by Chinese passport holders were refused because they could not show valid transport documents, did not transit to a foreign country as required, or crossed frequently to evade Macao’s stay rules. In other words, repeated “fake transit” trips are likely to be stopped at the Macao border first — and back in the mainland, you may get a phone summons from the police.

6. Four common myths

  • “I got the endorsement myself; whether I go to Hong Kong is my choice.” The endorsement is a credential, but whether the stated purpose was true and whether the actual itinerary matched it are also examined.
  • “The driver / scalper said this route is fine.” They aren’t your legal adviser and won’t bear the consequences; if the endorsement is found to be fraudulently obtained, or the trips reach three, all the risk falls on the traveller.
  • “I was just going for a few days of fun — how can that be a crime?” Article 322 punishes “serious” illegal crossings regardless of what you do in Macao.
  • “Spending a little time in Hong Kong and checking in makes it safe.” Actually entering Hong Kong only addresses whether the Hong Kong endorsement was fraudulently obtained; it doesn’t make “posing as a transit passenger without really flying to a third country” lawful. The only real compliance is a Macao endorsement.

7. Already summoned or on bail? What to do

  • Identify the stage. A phone call asking you to “come back and give a statement” may be only an administrative investigation; once you are placed on bail pending trial (取保候审), a criminal case has been opened — a completely different matter.
  • Don’t fabricate evidence afterwards. Rushing to Hong Kong to “check in” after the fact, or faking accommodation or spending records to “prove” tourism, can become an aggravating factor if exposed — and fabricating evidence may itself be unlawful.
  • Preserve genuine objective records. Exit-entry and endorsement records, ticket itineraries (whether you actually flew or got a refund), accommodation and payment records, fellow passengers — these are key to judging “genuine transit”, “how many times” and “as a group”.
  • Tell the truth and seek leniency for surrender and guilty plea. In the Zhangshu case, both defendants were found to have surrendered after a phone summons and truthful confession, and received leniency for pleading guilty.
  • Have a lawyer assess the characterisation early. “Was it a Hong Kong or Macao endorsement that was fraudulently obtained?”, “was there genuine transit?”, “did trips reach three?” — these factual differences decide between an administrative penalty and criminal liability, and are worth checking point by point at the investigation stage.

8. Final thoughts

The compliant answer for visiting Macao is simple: get the right endorsement, use the right document and pass through the port normally. If your endorsements are used up, wait for the next cycle or apply for another category as permitted; don’t hand your itinerary to scalpers and shuttle drivers. A detour may save a few weeks’ wait, but it stakes your liberty and a criminal record that stays with you for life.

Case facts cited here are based on court announcements and media reports; academic controversies are marked separately, and outcomes depend on local practice and evidence. If you or your family face an investigation, summons or criminal measures for an exit-entry violation, contact Wang Xin: phone +86 186-0113-9509, WeChat wang223040.

Quick answers

Is the “fake transit” (假飞) route into Macao illegal?
It can be. A court in Zhangshu, Jiangxi convicted mainland residents of illegal border crossing for using a Hong Kong endorsement obtained on a false travel purpose and entering Macao under the guise of transit, as a group.
When does illegal border crossing become a crime in China?
Under Article 322 of the Criminal Law and judicial interpretation 法释〔2012〕17号, it must be “serious”: for example three or more crossings, three or more people acting together, or reoffending within a year of an administrative penalty. A single instance is usually an administrative fine or detention.
What should you do if summoned by police over a Macao detour?
Identify the stage (questioning versus bail, which means a criminal case), don’t fabricate evidence afterwards, preserve genuine records (endorsements, tickets, payments, companions), give a truthful account to seek leniency for surrender and guilty plea, and have a lawyer assess the characterisation early.

This is an English edition of Wang Xin’s original Chinese article, 港珠澳大桥「假飞」进澳门：刷了香港签注却没去香港，为什么可能被判刑？. It explains the law of the People’s Republic of China in general terms and is not legal advice for any particular case; outcomes depend on the specific facts and on how local authorities apply the rules.