Cross-Border Crime in Hong Kong: Extradition, Mutual Assistance, Financial Sanctions – Second Edition

Author: Wayne Walsh, S. C.

Publication Date: To be Published in November 2020

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.

Publisher: LexisNexis
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ISBN/ISSN: 9789888601769
Publisher: LexisNexis

Product description

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.

 

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Table of contents

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