Cross-Border Crime in Hong Kong: Extradition, Mutual Assistance & Financial Sanctions, 3rd Edition

The third edition includes some important updates as follows:

1. New cases on the interpretation and application of the National Security Law;
2. Updates to sanctions in relation to the Taliban, Isil & Al-Qaida;
3. The Hong Kong extradition case of Ramanjit Singh concerning treaty interpretation and refusal of surrender on account of political and religious beliefs;
4. Recent human rights cases from the United Kingdom on challenges to extradition; and
5. The Privy Council case of Fang & Ors v HM Attorney General (Jersey) concerning waiver of state immunity in mutual legal assistance proceedings.

As Lord Griffiths observed in Liangsiriprasert (Somchai) v Government of the United States of America [1991] 1 AC 225, “Crime is now established on an international scale and the common law must face this new reality.” The third edition of this title continues to offer practical guidance to legal practitioners, law enforcement authorities and others including financial institutions, as well as to foreign practitioners and authorities, on various aspects of cross-border crime with a Hong Kong nexus. 

The laws and procedures for extradition, mutual legal assistance, and prisoner transfer are discussed with extensive reference to case law. The effect of international bilateral or multilateral arrangements applicable to Hong Kong has been highlighted, including relevant United Nations conventions and sanctions relating to transnational offences, money laundering, and the financing of terrorism. Funding of offences endangering national security and the suspension of some of Hong Kong’s bilateral Agreements are considered.

The legislative proposals in 2019 for the surrender of wanted persons between the Hong Kong SAR and other jurisdictions, including other parts of China (known as the “Extradition Bill”), are also discussed. The subsequent promulgation of the Law of the PRC on Safeguarding National Security in the HKSAR is canvassed with a focus on offences of funding prohibited acts endangering national security. The imposition of unilateral financial sanctions in respect of Hong Kong by the United States under the Hong Kong Autonomy Act and Executive Order on Hong Kong Normalization is covered. 

Written in a comprehensive and clear manner, the text will be invaluable for anyone seeking to understand this area of law.