Cross-Border Crime in Hong Kong

This new book will review cross-border crime in a Hong Kong context including the offence of money laundering; the procedures for surrender of fugitive offenders, mutual legal assistance, and transfer of sentenced persons; and the implementation of United Nations sanctions against financing of terrorism and proliferation of weapons of mass destruction. 

This new text will offer practical guidance to legal practitioners, law enforcement authorities and others including financial institutions, as well as to foreign practitioners and authorities, when dealing with various aspects of cross-border crime with a Hong Kong nexus.

The constitutional background to cross-border cooperation arrangements under the Basic Law and the effect of international bilateral or multilateral arrangements applicable to Hong Kong are highlighted, in particular relevant United Nations Conventions and ordinances relating to cross-border offences, anti-terrorism, anti-money laundering and human rights issues.

This title explores the role of the Central People’s Government in HKSAR’s arrangements for legal cooperation in criminal matters with foreign States. The absence of arrangements with other parts of China for rendition and mutual legal assistance and the proposals for new arrangements are covered.

What’s key in this title

Landmark cases covered in this book include:

• HKSAR v Yeung Ka Sing, Carson; HKSAR v Salim Majed [2016] – dealing in the proceeds of an indictable offence, the mens rea element, duplicity of charges
• Keen Lloyd Holdings Ltd & Ors v Commissioner of Customs and Excise & Anor (No. 2) [2016] – the provision of documentary evidence to Mainland law enforcement by Hong Kong law enforcement absent legal arrangements; see also HKSAR v Hong Ming Kong [2014]
• Chan Mei Yu Paddy & Anor v Secretary for Justice & Ors (No. 3) [2012] – execution of search warrants on residential and office premises of a corporate service provider, presence and participation of foreign law enforcement agents during the search; see also Rmbsa Corporate Services Ltd & Anor v Secretary of Justice & Anor [2008]
• Chong Bing Keung Peter v United States of America & Anor (No. 2) [2000] 2 HKC 137 – the validity of surrender arrangements with the United States, competence of Hong Kong courts to adjudicate treaty obligations; see also John Cheung v United Sates of America (2000); for the UK, see R v Secretary of State for the Home Department, ex parte Launder [1997]

New legislative amendments in the United Nations (Anti–Terrorism Measures) Ordinance (Cap. 575) including new offences:

• Dealing with terrorist property (s8A)
• Travelling for a specified purpose (s11K)
• Providing or collecting property to finance travel for a specified purpose (s11L)
• Organizing or facilitating travel for a specified purpose (s11M) The new United Nations Sanctions (Democratic People’s Republic of Korea) (Amendment) Regulation 2018 is also incorporated