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Cross-Border Crime in Hong Kong

Cross-Border Crime in Hong Kong

Author: Wayne Walsh, S. C.
Publisher: LexisNexis Hong Kong
ISBN: 9789888476978
Published In: September 2018
Format: Paperback , 748 pages
Jurisdiction: Hong Kong ? Disclaimer:
Countri(es) stated herein are used as reference only

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Contents
Author

Details
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
Part 1 Preliminary Matters

Ch 1 The Constitutional and Legal Background

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

Ch 3 Recognition of HKSAR by Foreign Courts

Part 2 Cross-Border Crime and Money Laundering

Ch 4 Cross-Border Crime

Ch 5 Money Laundering Standards and Cross-Border Crime

Ch 6 Hong Kong Offences of Money Laundering

Part 3 Fugitive Offenders

Ch 7 Bilateral Agreements for Fugitive Offenders

Ch 8 Multilateral Conventions for Fugitive Offenders

Ch 9 Ad Hoc Arrangements for Surrender

Ch 10 Fugitive Offenders Ordinance

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

Part 4 Mutual Assistance

Ch 12 Bilateral Agreements on Mutual Assistance

Ch 13 Multilateral Conventions on Mutual Assistance

Ch 14 Reciprocity, Comity and Other Arrangements

Ch 15 Mutual Legal Assistance in Criminal Matters Ordinance

Ch 16 Evidence Ordinance

Ch 17 Drug Trafficking (Recovery of Proceeds) Ordinance

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

Ch 19 Cooperation between Law Enforcement Agencies

Part 5 Prisoner Transfer

Ch 20 Bilateral Agreements for Transfer of Prisoners

Ch 21 Multilateral and Ad Hoc Arrangements for Transfer of Prisoners

Ch 22 Transfer of Sentenced Persons Ordinance

Ch 23 Arrangements with the Mainland for Transfer of Prisoners

Part 6 United Nations Sanctions

Ch 24 UN Sanctions Regime

Ch 25 United Nations Sanctions Ordinance (Cap 537)

Ch 26 United Nations (Anti-Terrorism Measures) Ordinance (Cap 575)
Wayne 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