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Course Details

(Webinar via Zoom) (RME Elective) Risk Management: Money Laundering, the Hong Kong Solicitor and Practice Direction P
Anne Carver, Part-time Lecturer, The Chinese University of Hong Kong
Date: 27 January 2021 (Wednesday)
Time: 2:30pm - 5:45pm
Level: I (Intermediate)
For delegates who have prior knowledge of the subject area
Language: English
Fee: HK$ 1,700
Accreditation: 3 CPD pts (Accredited by The Law Society of Hong Kong)
3 RME pts (Accredited by The Law Society of Hong Kong [RME Elective])
Ref: L20CC20
Venue: Webinar Course
Presenter's Biography:

Anne is a part-time teacher at The Chinese University of Hong Kong and is also an Honorary Lecturer at the Law Faculty of the University of Hong Kong. She is the author of Corporate Governance - the Hong Kong Debate (with Say Goo), and specializes in company law and business law. She has taught Company, Business and Commercial Law courses on the LLB, JD and LLM programmes in the Faculty of Law at the Chinese University and is currently co- teaching on the Masters in Law and Finance in the Business School. She is particularly interested in corporate governance, the regulatory interface between the Companies Ordinance (cap 622) and the Securities and Futures Ordinance and market misconduct. She is now writing the 7th edition of Hong Kong Business Law which is a standard Hong Kong student text.

The objective of this Risk Management Seminar is to analyse the major significance of Practice Direction P and to develop a deeper understanding of possible risk management techniques that delegates may use in the application of their legal obligations. Issues relating to the legal obligations in respect of anti-money laundering and anti -terrorist financing of Hong Kong solicitors have assumed particular significance in the context of global banking and Hong Kong's unique position for cross-border financing with China. Additionally, solicitors must now fine-tune and harmonize the lawyer's duty of confidentiality to the client with Hong Kong's new anti money laundering paradigm. Since Practice Direction P serves as "a guideline", not law, the role of the Law Society's guidance for solicitors is fundamental to maintaining the integrity and stability of the Hong Kong legal and financial system as interpreted by the judges.

This Seminar will focus on the practical aspects of the Anti-Money Laundering Ordinance "AMLO" (cap 615) with detailed lecture notes, case studies and group discussion to assist delegates in understanding the legal aspects of Hong Kong's new money laundering landscape.

  • We shall analyze the framework of Hong Kong's anti-money laundering and anti-terrorist legislation for legal practitioners and identify those areas where practitioners must exercise extreme caution in certain circumstances.
  • In particular, we shall examine the definitions of money laundering and terrorist- financing in the new framework of anti money-laundering (AML)" and counter -terrorist financing (CTF) and the concerns of the Law Society for the Designated Non-Financial Business and Professions (DNFBP)].
  • We shall look specifically at changes in the Hong Kong's banking and regulatory regimes as a result of problems in the law relating to AML and CTF and the impact on legal advisors in relation in their role as DNFBPs.
  • Delegates will also examine the role of FATF and its criticisms of Hong Kong anti-money -laundering and counter -terrorism financing laws in the context of FATF's recommendations for Hong Kong.
  • We shall analyze three Hong Kong cases (HKSAR v Wu Wing Kit DCC1022/22, Pang Hung Fai [2014] HKEC 1831 and Yeung Kee Sing Carson DCC860 /2011) with reference to section 25 of The Organized and Serious Crimes Ordinance (cap 405); The Drug Trafficking (Recovery of Proceeds) Ordinance (cap 575) and AMLO (cap 615).
  • We shall also examine the advice from the JFIU in the context of its revised Suspicious Transaction Report and the solicitor's legal obligations.
  • Finally, we shall examine and apply Practice Direction P to a simulated case study from the perspective of risk management and legal practice.

Category: Corporate / Commercial
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