EDIT:
https://bitcointalk.org/index.php?topic=700411.msg11790734#msg11790734 - F2pool/Discus Fish publicly stating that even after SPV mining by chinese pools caused a fork in 2015, they had no intention to stop doing so, and don't believe that Antpool or BTC China will either. You can see clearly that all 3 pools are still doing it just by looking at the sheer number of empty blocks they mine each week.
I'll stop thread-jacking, but I've got one more question if you would be so kind. Under what circumstances could an empty block be mined "legitimately?"