On 10 April 2024, the Hong Kong Court of Final Appeal (CFA), Hong Kong’s highest court, delivered its judgment in Tam Sze Leung & Ors v Commissioner of Police [2024] HKCFA 8, affirming the validity of the ‘No Consent Regime’ (“Regime”) of the Hong Kong Police (“Police”). The Regime encompassed a practice of issuing “Letters of No Consent” (LNCs) to financial institutions for customer accounts that contain suspected proceeds of crime, thereby triggering informal freezes on these accounts.
On 10 April 2024, the Hong Kong Court of Final Appeal (CFA), Hong Kong’s highest court, delivered its judgment in Tam Sze Leung & Ors v Commissioner of Police [2024] HKCFA 8, affirming the validity of the ‘No Consent Regime’ (“Regime”) of the Hong Kong Police. The Regime encompassed a practice of issuing “Letters of No Consent” to financial institutions for customer accounts that contain suspected proceeds of crime, thereby triggering informal freezes on these accounts.
Cyber fraud continues to pose a significant threat to businesses and individuals in Hong Kong and elsewhere around the world. According to the official statistics for Hong Kong, 2022 saw a significant increase of deception cases of over 8,000 cases, over 70% of which were Internet-related. The Hong Kong Police has developed a ‘No Consent Regime’, which encompassed a practice of issuing so-called ‘Letters of No Consent’ to banks for accounts which contain suspected proceeds of crime, thereby triggering informal bank freezes on these accounts.
The Guide to Compliance, published by Global Investigations Review (GIR), brings together compliance guidance and criminal enforcement trends relating to financial crimes and misconduct. Baker McKenzie partners have contributed two chapters in GIR’s guide.
The chapter on Asia Pacific Compliance Enforcement covers key areas of enforcement priorities, including anti-bribery and anti-corruption, anti-money laundering and other key criminal offenses affecting multinational corporations, and provides an overview of emerging compliance issues and enforcement trends relevant to cross-border business.
The chapter on Compliance Issues in Corporate Transactions covers key compliance areas in due diligence, how to go about an effective assessment of compliance policies and procedures or issues in third-party dealings, and the process of remediating any compliance issues identified during due diligence.
* An extract from the first edition of GIR’s The Guide to Compliance. The whole publication is available at the GIR website.