On 16 October 2024, Wayne Walsh SC and Fergus Tam reflected on their experience and shared their insights on “Arrangements for Cross-Border Cooperation and Investigations into White Collar Crime between Hong Kong, the Mainland and Other Places” at a CPD webinar hosted by the Academy of Law at Justice Place, Former Central Government Offices. About 160 people attended the online webinar.
The interactive webinar provided an in-depth discussion on:
Law Enforcement Cooperation with the Mainland and other places: Fugitive Offenders Ordinance, Mutual Legal Assistance in Criminal Matters Ordinance, the Extradition Bill, unlawful rendition, and recent prominent cases in this arena
Money Laundering and Proceeds of Crime: Organized and Serious Crimes Ordinance, the money laundering offence, restraining and confiscation of funds belonging to defendants residing in Mainland and other places, and recent cases
Corruption: Prevention of Bribery Ordinance, public / private sector corruption offences, permission for defendants to leave Hong Kong for the Mainland and other places, and relevant cases.
Wayne focused on the position post-1997, when Hong Kong needed new arrangements for judicial cooperation, which were challenged but upheld constitutionally. He explained that extradition treaties with 9 countries are currently suspended, also affecting mutual legal assistance agreements.
Wayne’s overview also covered the offence of money laundering and the process for restraint and confiscation orders.
Fergus homed in on applications for the return of travel documents and permission to leave HK and how these were typically dealt with together. He delved into the process for making these applications and how written submissions were expected with documents annexed to demonstrate the unreasonable hardship faced by the applicant.
The session wrapped up with some fascinating questions from the audience.
