An overview of the anti‐money laundering laws of Hong Kong

2008 ◽  
Vol 11 (4) ◽  
pp. 345-357 ◽  
Author(s):  
David Y.K. Kwok

PurposeThe purpose of this paper is to provide an overview of the anti‐money laundering laws of Hong Kong, in particular the Organised and Serious Crimes Ordinance.Design/methodology/approachAn analysis of the legislation with respect to anti‐money laundering as well as relevant case law.FindingsHong Kong authorities are serious about fighting money laundering crimes. The statutory scheme in Hong Kong is comprehensive and in line with international standards.Originality/valueBy discussing the key statutory provisions and the important cases, this paper provides a comprehensive overview of the anti‐money laundering laws of Hong Kong. This paper is of value to lawyers, prosecutors, academics, law students, etc. in not only Hong Kong, but in the region including mainland China.

2019 ◽  
Vol 22 (4) ◽  
pp. 796-835
Author(s):  
Eugene E. Mniwasa

Purpose This paper aims to examine how banks in Tanzania have been vulnerable to money laundering activities and how the banking institutions have been implicated in enabling or aiding the commission of money laundering offences, and highlights the banks’ failure or inability to prevent, detect and thwart money laundering committed through their financial systems. Design/methodology/approach The paper explores Tanzania’s anti-money laundering law and analyzes non-law factors that make the banks exposed to money laundering activities. It looks at law-related, political and economic circumstances that impinge on the banks’ efficacy to tackle money laundering offences committed through their systems. The data are sourced from policy documents, statutes, case law and literature from Tanzania and other jurisdictions. Findings Both law-related and non-law factors create an enabling environment for the commission of money laundering offences, and this exposes banks in Tanzania to money laundering activities. Some banks have been implicated in enabling or aiding money laundering offences. These banks have abdicated their obligations to fight against money laundering. This is attributed to the fact that the banks’ internal anti-money laundering policies, regulations and procedures are inefficient, and Tanzania’s legal framework is generally ineffective to tackle money laundering offences. Originality/value This paper uncovers a multi-faceted nature of money laundering affecting banks in Tanzania. It is recommended that Tanzania’s anti-money laundering policy should address law-related, political, economic and other factors that create an enabling environment for the commission of money laundering offences. Tanzania’s anti-money laundering law should be reformed to enhance its efficacy and, lastly, banks should reinforce their internal anti-money laundering policies and regulations and policies.


2019 ◽  
Vol 22 (1) ◽  
pp. 71-81
Author(s):  
Celine S.M. Cheng ◽  
Amanda P.Y. Lau

Purpose The purpose of this paper is to review cases about complaints of abortuses handling in Hong Kong, and to further propose policy recommendations to help comfort parents with respect and dignity toward abortuses. Design/methodology/approach There is a systematic review of articles/newspapers related to the practice and regulation of abortuses handling in Hong Kong and overseas countries. Also, point of views among stakeholders are selected from: newspapers, patients’ groups, Hong Kong SAR Government’s websites, radio programmes’ interviews, related organizations’ websites, blogs from legislative councilors and lawyers. Findings Since parents suffered from miscarriage before 24 weeks’ pregnancy are increasingly willing to share their experiences and struggled for arranging a legal funeral for their children, Hong Kong SAR Government is able to understand these parents’ needs and hence set up more “Angel Garden” in both the public and the private cemeteries. Yet, the provision of funeral and cremation services are still not comprehensive. Existing measures from Mainland China and overseas countries to handle abortuses and to provide support for parents are analyzed. More critically, ethical concern on handling abortuses as one of the clinical wastes is further included in the discussion. Originality/value Although all less than 24 weeks’ fetuses cannot be given any Certificate of Stillbirth, respect and dignity can still be presented toward their parents by flexible regulation. After discussing the related measures on handling abortuses from other countries, some of their humane regulations are feasible to be applied to Hong Kong.


2020 ◽  
Vol 27 (4) ◽  
pp. 1361-1377
Author(s):  
Chat Le Nguyen

Purpose The purpose of this paper is to examine the international standards for establishing national jurisdiction over the transnational crimes of money laundering and bribery and identify challenges to the adoption of those standards by different states in practice. Design/methodology/approach This paper, first, defines transnational money laundering and transnational bribery; then, it examines the legal bases and principles on which a state can claim criminal jurisdiction over these offences. This paper also discusses the application of jurisdictional conditions in a transnational context and how to deal with the problems arising from national claim of jurisdiction over these offences, for example, jurisdictional concurrence. Findings This paper argues that when the jurisdictional concurrence occurs, the involved states should consult one another by taking into account a number of relevant factors and take the “centre of gravity” approach to deciding which state or forum should prosecute eventually. States less able to establish jurisdiction over the offences are often those which have a weak legal basis and/or insufficient resources. Originality/value To the authors’ knowledge, this article would be the good guidance on how a state could claim jurisdiction over the offences of transnational money laundering and transnational bribery.


2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Lewis Chezan Bande

Purpose The purpose of this paper is to critically appraise the legal definition of the offence of money laundering under Malawian law. The goal is to evaluate whether the definition meets international standards and best practices on legal definition of money laundering, particularly as contained in the United Nations Convention against Transnational Organized Crime (UNCATOC). Design/methodology/approach The paper is a doctrinal analysis of the legal definition of the offence of money laundering under Malawian law. It examines the constituent elements of the offence based on the traditional conception of a criminal offence as constituting the prohibited conduct (or actus reus) and the mental element (or mens rea). The paper comparatively evaluates the offence vis-à-vis international standards and best practices, particularly as contained in the UNCATOC. Findings The paper concludes that the definition is compliant with international standards and best practices. Research limitations/implications The paper is based on the statutory definition of the offence, but was unable to examine how the offence is interpreted and applied in concrete cases by Malawian courts. The reason is the lack of any case law through which courts have interpreted and applied the offence. Practical implications The paper provides the template for future interpretation and application of the offence by courts in the future. Social implications Enhancing the clarity and certainty in the law on money laundering in Malawi. Originality/value The paper is an elucidation of a statutory provision that was recently adopted in Malawi and for which there is no authoritative clarification. The paper, therefore, makes an invaluable contribution to the fight against money laundering in Malawi by being a guide to law enforcers, lawyers, courts and policy/legislative makers.


2018 ◽  
Vol 21 (4) ◽  
pp. 584-593 ◽  
Author(s):  
Emmanuel Sotande

PurposeThe purpose of this paper is to examine the magnitude of the global problem of money laundering and the scholarly critics of money laundering concept. The paper further explores the scientific modelling to combat money laundering transactions.Design/methodology/approachThe research methodology adopted was qualitative analysis. This was applied through the use and analysis of documents and expert interviews.FindingsThe paper reveals how the global displacement on the fight against money laundering is being determined by “attractiveness index”. This attractiveness index is the dark side affecting anti-money laundering (AML) concept within developing economies. The critics of the AML accounts for major discrepancies associated with the context of the term AML regimes and international standards to combat illicit financial flows.Social implicationsThe regimes against money laundering compel countries to adopt the same recommendations and standards and were not given opportunity to proffer their own creative alternatives within their own circumstances.Originality/valueThe paper suggests AML Transaction Validation Model in the quest to combat illicit financial flows originated from organized and serious crime within the global jurisdictions.


2018 ◽  
Vol 21 (3) ◽  
pp. 290-296 ◽  
Author(s):  
Foster Hong-Cheuk Yim ◽  
Ian Philip Lee

Purpose The purpose of this study is to discuss the latest developments of anti-money laundering (AML) laws in terms of case law and intended legislation amendments. Design/methodology/approach In terms of AML case law, the authors analyze three judgments from the Hong Kong Court of Final Appeal. In terms of the intended legislation amendments, the authors outline salient points from the two amendment bills submitted to the Legislative Council of Hong Kong. Findings With the developments in AML case law and the intended legislation amendments, Hong Kong is expected to have a positive result in the Financial Action Task Force Mutual Evaluation in October/November 2018. Originality/value A robust AML/counter-terrorist financing regime is the bedrock of Hong Kong’s reputable status as an international financial center. This paper seeks to illicit meaningful interactions amongst all stakeholders.


2016 ◽  
Vol 19 (3) ◽  
pp. 291-297 ◽  
Author(s):  
David Kwok

Purpose The purpose of this paper is to discuss briefly new developments in Hong Kong’s (HK) Anti-Money Laundering (AML) laws, both in terms of case law and legislation. Design/methodology/approach In terms of case law, the author discusses two decisions given by HK’s Court of Final Appeal relating to the dealing of proceeds of crime offence. Also, a guideline case on sentencing is also examined. In terms of legislation, the author briefly outlines the main provisions of the newly enacted AML and Counter-Terrorist Financing (Financial Institutions) Ordinance. Findings As suggested by the Financial Action Task Force, new measures need to be put in place. The AML laws, as they presently stand, need further improvement. Originality/value A good AML regime is necessary as HK continues to thrive as a major financial/banking centre in Asia. This paper seeks to encourage more discussion on the topic.


2016 ◽  
Vol 19 (4) ◽  
pp. 329-336 ◽  
Author(s):  
Ndidi Ahiauzu ◽  
Teingo Inko-Tariah

Purpose The purpose of this paper is to review the recent judgement of the Federal High Court exempting Nigerian lawyers from anti-money laundering (AML) obligations and to proffer suggestions as to ways of complying with international standards. Design/methodology/approach An analysis of the case and judgement was undertaken and a commentary on the effect of the obligations on lawyers was given. As a result of the analysis, suggestions were made to satisfy regulatory requirements while recognising the sanctity of the legal profession and the professional responsibilities members owe to their clients. Findings AML obligations are tasking and may impact negatively on rights of both lawyers and of their clients. However, with some measures taken by both regulators and lawyers, loopholes can be comfortably covered without leaving the legal sector exposed to criminal intents. Research limitations/implications There has not been any appeal on the case, and therefore the paper may not be conclusive. Practical implications Very relevant recommendations were made and, if taken up, may provide a meeting point for both parties and achieve the key purpose of detecting and/or preventing money laundering. Originality/value This is the first academic paper to analyse the current case and to provide relevant suggestions on the matter.


2020 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Constance Gikonyo

Purpose Kenya is vulnerable to trade-based and other forms of money laundering. Banks are prime targets for money launderers since they can facilitate the processes of placement, layering and re-integration. Consequently, banks are key in fulfilment of the prohibitory and preventative anti-money laundering (AML) strategies. In executing these obligations, the potential for clashes between the bank following the law and obeying its contractual duties to the client arises. Hence, this paper aims to examine these potential conflicts of interests. Design/methodology/approach The examination is based on reviewing relevant literature, case law and analysing the Proceeds of Crime and AML Act and its attendant regulations. These form the core of the AML regime imposing obligations on banks. Findings The analysis indicates the provisions are robust and can assist in addressing money laundering risks faced by banks. Nonetheless, there are identified gaps since the primary AML legislation does not provide guidance on various issues. This can potentially lead to banks facing litigation from customers for failure to honour its duty of secrecy and customer’s instructions. Originality/value The paper seeks to make a practical and scholarly contribution in considering the issue and possibly filling this gap through advocating for statutory amendment. Subsequently, positive review of the law will help strike a balance between interference in the banker-customer contractual relationship and facilitation of banks fulfilling their prohibitory and enforcement of AML obligations.


2018 ◽  
Vol 21 (2) ◽  
pp. 149-162
Author(s):  
Claire Wilson

Purpose The purpose of this study is to analyse the challenges in devising a suitable formulation to determine whether a person had reasonable grounds to believe that property dealt with represented the proceeds of an indictable crime in the context of money laundering offences. The paper also examines the Hong Kong Court of Final Appeal’s recent formulation in HKSAR v. Yeung Ka Sing, Carson (decided July 2016) and evaluates international standards. Design/methodology/approach The methodology adopted is partly a technical analysis of the various interpretations of “having reasonable grounds to believe” alongside a comparative approach drawing on international standards of the mens rea threshold and the position in the UK. Findings The findings are that the Court of Final Appeal’s formulation of “having reasonable grounds to believe” is the best possible outcome given the confines of the statutory provisions. The study confirms that the threshold set by the Court of Final appeal surpasses international standards; however, it argues that current international standards are in need of review. Originality/value This paper offers insight into the latest mens rea threshold of “having reasonable grounds to believe” in the context of Hong Kong’s anti-money laundering laws and compares international standards of the mens rea threshold. The discussion is of value to a wide audience both in Hong Kong and globally. It aims to provide guidelines to legal practitioners, law enforcement personnel, persons in the private and public sectors, academics and members of the public. This paper also seeks to provoke discussion as to whether international standards on the mens rea threshold should be reviewed with a view to strengthening international cooperation on the prevention of money laundering.


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