Cross-Border Crime in Hong Kong: Extradition, Mutual Assistance & Financial Sanctions, 2nd Edition

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Cross-Border Crime in Hong Kong: Extradition, Mutual Assistance & Financial Sanctions, 2nd Edition

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Formerly known as Cross-border Crime in Hong Kong, this second edition reviews cross-border crime in a Hong Kong context including the proposed arrangements for surrender of fugitive offenders between Hong Kong and other parts of China (also known as the ‘Extradition Bill’), promulgation of the Law of the PRC on Safeguarding National Security in the HKSAR with a focus on funding of offences endangering national security, and imposition of financial sanctions in respect of Hong Kong by the United States under the Hong Kong Autonomy Act and the Executive Order on Hong Kong Normalization.

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 second 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 issues surrounding the continued absence of cross-border arrangements for criminal matters with other parts of China was brought to the forefront in 2019.

Due to the high public importance accorded to the subject, the legislative proposals for the surrender of wanted persons between the Hong Kong SAR and other jurisdictions, including other parts of China (also known as the “Extradition Bill”), are discussed in detail. 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 also covered. The effect of international bilateral or multilateral arrangements applicable to Hong Kong have been highlighted, including relevant United Nations Conventions and ordinances relating to cross-border offences, anti-terrorism, anti-money laundering, and human rights issues. The recent suspension of some of Hong Kong’s bilateral extradition and mutual legal assistance Agreements is considered. 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 HKSAR 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 for Transfer of Prisoners
 
 Part Six United Nations Sanctions
 Chapter 24 UN Sanctions Regime
 Chapter 25 United Nations Sanctions Ordinance (Cap 537)
 Chapter 26 United Nations (Anti-Terrorism Measures) Ordinance (Cap 575)
 
 Part Seven National Security Law
 Chapter 27 The National Security Law
 Chapter 28 Sanctions Imposed on the HKSAR 
 Chapter 29: Effect Upon International Arrangements with the HKSAR
 
 Appendices
 Cap. 503, 513, 525, 537 and 575
 Schedule of Bilateral Agreements
 Schedule of Multilateral Conventions
 Hong Kong Autonomy Act
 Executive Order on Hong Kong Normalization

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