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

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

Author: Wayne P. Walsh, S. C.
Publisher: LexisNexis Hong Kong
ISBN: 9789888863464
Published In: March 2024
Format: Paperback , 900 pages
Jurisdiction: Hong Kong ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents
Author

Details

The third edition includes some important updates as follows:

New cases on the interpretation and application of the National Security Law;
Updates to sanctions in relation to the Taliban, Isil & Al-Qaida;
The Hong Kong extradition case of Ramanjit Singh concerning treaty interpretation and refusal of surrender on account of political and religious beliefs;
Recent human rights cases from the United Kingdom on challenges to extradition; and
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.

Introduction

Part One Preliminary Matters

Chapter 1: The Constitutional and Legal Background

Chapter 2: The New Ordinances (FOO, MLAO, TSPO and UNSO)

Chapter 3: Recognition of the Hong Kong Special Administrative Region by Foreign Courts

Part Two Cross-Border Crime and Money Laundering

Chapter 4 Cross-Border Crime

Chapter 5 Money Laundering Standards and Cross-Border Crime

Chapter 6 Hong Kong Offences of Money Laundering Part Three Fugitive Offenders

Chapter 7 Bilateral Agreements for Fugitive Offenders

Chapter 8 Multilateral Conventions for Fugitive Offenders

Chapter 9 Ad Hoc Arrangements for Surrender

Chapter 10 Fugitive Offenders Ordinance

Chapter 11 Arrangements with the Mainland, Macau and Taiwan for Fugitive Offenders

Part Four Mutual Assistance

Chapter 12 Bilateral Agreements on Mutual Assistance

Chapter 13 Multilateral Conventions on Mutual Assistance

Chapter 14 Reciprocity, Comity and Other Arrangements

Chapter 15 Mutual Legal Assistance in Criminal Matters Ordinance

Chapter 16 Evidence Ordinance

Chapter 17 Drug Trafficking (Recovery of Proceeds) Ordinance

Chapter 18 Mutual Assistance Arrangements with the Mainland, Macau and Taiwan

Chapter 19 Cooperation between Law Enforcement Agencies

Part Five Prisoner Transfer

Chapter 20 Bilateral Agreements for Transfer of Prisoners

Chapter 21 Multilateral and Ad Hoc Arrangements for Transfer of Prisoners

Chapter 22 Transfer of Sentenced Persons Ordinance

Chapter 23 Arrangements with the Mainland, Macau and Taiwan for Transfer of Prisoners

Part Six United Nations Sanctions

Chapter 24 The UN Sanctions Regime

Chapter 25 United Nations Sanctions Ordinance

Chapter 26 United Nations (Anti-Terrorism Measures) Ordinance

Chapter 27 The National Security Law

Chapter 28 Sanctions Imposed on the HKSAR

Chapter 29: Effect Upon International Arrangements with the HKSAR

Wayne P. Walsh, S. C.

B.A. (Hons) University of Otago 1980, LL.B. University of Otago 1986, LL.M. (Hons) University of Auckland 1991 Barrister and Solicitor of the High Court of New Zealand (1986); Barrister of the High Court of Hong Kong (2006), Inner (2015) Member of Parkside Chambers, Hong Kong