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Cross-border Crime in Hong Kong: Extradition, Mutual Assistance, Financial Sanctions – Third Edition
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.
Publication Date: March 2024
Publisher: LexisNexis
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
