Mainland Chinese influencer "Berlin" (center) and his foreign husband (right) traveled to Taiwan under the guise of sightseeing to promote the "Angel Project" offering assisted reproduction services to "have your own child", and were detained and deported. (Photo: Taiwan National Immigration Agency)
The Hong Kong Police Force has initiated a criminal investigation into mainland Chinese surrogacy influencer "Berlin" (legal name Tan Zubiao) after his local corporate entity claimed it could facilitate non-resident surrogate mothers giving birth within Hong Kong. An investigative exposé by local news outlet HK01 revealed that staff at Tan's newly registered Hong Kong office promised prospective clients that pregnant non-residents could be arranged to deliver children locally. Following formal notification, the Department of Health and the statutory Council on Human Reproductive Technology referred the case to law enforcement, where it has been classified as "crime information" under active investigation by Team 1 of the Wong Tai Sin District Crime Squad, with no arrests reported thus far.
Commercial surrogacy is strictly outlawed as a serious criminal offense under the laws of the Hong Kong Special Administrative Region. Pursuant to Section 17 of the Human Reproductive Technology Ordinance (Cap. 561), it is illegal for any person to facilitate sex selection of embryos via reproductive technology, negotiate or participate in commercial surrogacy arrangements, or publish or distribute promotional advertisements for such commercial services, irrespective of whether the surrogacy procedures or deliveries are carried out inside or outside Hong Kong territorial boundaries. The police issued a stern reminder that individuals contravening statutory prohibitions face summary prosecution, carrying a maximum statutory penalty of a HK$25,000 fine and six months' imprisonment upon conviction.
The regulatory scrutiny in Hong Kong follows administrative penalties and deportation proceedings enacted against the influencer in Taiwan. During a visit to Taiwan under tourist status alongside his same-sex spouse, Tan held public seminars promoting commercial surrogacy packages, prompting the Kaohsiung City Department of Health to levy an administrative fine of NT$200,000 (approximately HK$48,000) under the Medical Care Act. The Taiwan National Immigration Agency concurrently determined that his commercial promotions violated the Regulations Governing the Approval of People of the Mainland Area Entering the Taiwan Area for the Purpose of Sightseeing, forcibly deporting him upon settlement of the fine and imposing an entry ban for a specified duration. After the Hong Kong revelations emerged, Tan restricted his public social media profiles and released a video claiming his employees miscommunicated company policy, while omitting mention of the Taiwanese monetary penalty.
From a legal and bioethical standpoint, commercial surrogacy operations exploit transnational regulatory disparities, generating significant concerns regarding the exploitation of vulnerable women and the commodification of infants. Hong Kong maintains an uncompromising statutory barrier to ensure that advanced reproductive technologies remain strictly confined to therapeutic infertility care under licensed supervision, rather than commercial exploitation. The rapid mobilization of the District Crime Squad underscores cross-jurisdictional cooperation and reaffirms the judicial commitment of authorities to prosecute underground fertility brokers and protect public healthcare integrity.
Asian Editorial Department: Kim Min-jun
Source: Compiled from HK01 investigative reporting.
References
Hong Kong e-Legislation - Human Reproductive Technology Ordinance (Cap. 561, Section 17)
Council on Human Reproductive Technology (CHRT) - Statutory Guidelines
Hong Kong Police Force - District Crime Squad Investigations