Anti Money Laundering for Legal, Compliance and Risk Professionals

Agenda:

• The anti money laundering offence in Hong Kong.
• The elements of the offence and recent sentencing.
• Obligation to report suspicious transaction under DTROP and OSCO and elements of the associated offence.

• Obligation to report suspicious terrorist property under UNATMO.
• Interrelation between the reporting obligation and the dealing offence.
• Legal professional privilege, confidentiality, civil liability, tipping-off prohibition.
• The FATF/APG outlook with particular reference to Hong Kong and the future.

• The mind set in asset recovery.
• The scheduled offences relevant to asset recovery.
• Restraint Orders – No consent letters their juxtaposition.

• Disclosure of assets.
• Confiscation Orders and enforcement.
• Third party interests and victims’ interests.
• The FATF/APG outlook for asset recovery and the future.

More about Gavin Shiu

His work has entailed criminal trial work, mostly corruption and commercial crime, at all levels of the Hong Kong judicial system.  He has had an extensive practice in the Court of Appeal and Court of Final Appeal and appeared in many constitutional cases.

Mr. Shiu was head of the Domestic Asset Recovery Section of the Department of Justice for over 3 years (from 2007 to 2010).  In this period, he was part of the Hong Kong team assisting in the joint 3rd Round FATF/APG evaluation of Hong Kong completed in 2008.  In 2009, he was the legal assessor in the FATF/APG evaluation of South Korea leading to membership of FATF for that country.  

The Domestic Asset Recovery Section under Mr. Shiu nearly tripled the number of restraint orders and confiscation orders with the value of property restrained and realised showing growth of several times the figures achieved in the previous 3 years.  2009 was a record year for the value of property restrained and the value of property ordered confiscated.

Mr. Shiu has held talks and workshops in relation to AML and asset recovery for the Hong Kong Police; Hong Kong Customs and Excise and ICAC.  In 2009, he co-presented a UNODC workshop in Vietnam for AML.  He is a member of a worldwide UNODC research project on asset recovery and a World Bank project on beneficial ownership.  He is a contributor to Archbold Hong Kong 2010 and the Hong Kong Lawyer.