NB seeks to boost Regional Crime Units'
financial investigation capacity

1 Photo


All the Senior Superintendents and Superintendents from the crime stream in the six Regions attended a half-day financial investigation workshop for Regional Crime Managers on July 23, where Mr Gavin Shiu, Head of the Assets Recovery Unit of the Department of Justice, Superintendent (Financial Investigations) Nelson Cheng from Narcotics Bureau (NB) and Chief Inspector (Financial Investigations) Eppie Mui acted as speakers.

Organised by FI NB, the workshop formed part of the Force's plan to boost the financial investigation capacity of Regional Crime Units (RCUs). The Financial Action Task Force (FATF) recently conducted a large-scale mutual evaluation of Hong Kong to see if the territory meets the international standards on anti-money laundering and counter financing of terrorism. While recognising the great efforts made by the Force at headquarters level in combating money laundering and terrorist financing, the Task Force has advised the Force to encourage investigative units at regional level to actively pursue money laundering prosecutions and asset confiscations in targeting predicate crimes.

To take on board the FATF's evaluation and to better utilise financial investigation as a practical tool to neutralise crime syndicates, the Force management has decided to enhance the financial investigation capability of RCUs, and NB has formulated an action plan for this purpose.

In his opening address at the workshop, Assistant Commissioner (Crime) Wong Fook-chuen quoted a few recent successful cases and encouraged RCUs to put more emphasis on the financial aspect of their investigations. He stressed: "It's internationally recognised that the correct law enforcement approach to crimes should be holistic. This means we should target not only the predicate crimes but also the associated money laundering activities and criminal proceeds."

Acting NB Chief Superintendent Evelyn Lam, who attended the workshop as a facilitator, echoed Mr Wong's views and noted: "Very often the masterminds and the top echelons of criminal syndicates insulate themselves very well from the criminalities they organise or finance. However, no matter how effective the insulation is, the proceeds generated from the criminalities will eventually be channelled to them. Financial investigation is therefore a useful tool to expose them, link them to the criminalities they have organised, and expose their ill-gotten gains for confiscation."

Introducing the action plan at the workshop, SP Cheng pointed out: "The plan is not to take away the financial investigation responsibility from FI NB. FI NB remains the lead unit at Force level for money laundering investigation, asset tracing, restraint and confiscations. The idea of the plan is for RCUs to conduct their own financial investigations in simple cases, while FI NB will continue to serve them in complicated cases."

Mr Shiu addressed the participants on some of the legal issues relating to money laundering prosecution and restraint and confiscation of asset. "Money laundering offence is very powerful but it has been underused for a variety of reasons. However, it is coming into its own now, as some of the case law is slowly developing and it will become one of the principal offences indicted in Hong Kong," he said in conclusion.

All the workshop participants welcomed the action plan and considered it a major step forward in combating crimes at regional level. They also made many suggestions on the ways to improve the plan and the long-term development of the Force's financial investigation capability.

In an interview with OffBeat, SP Cheng said the action plan consists of the following initiatives:

*One-week quarterly FI training course for Advanced Criminal Investigation Course (ACIC) participants and RCU officers;

* Half-day FI workshop for senior crime managers;

* FI support hotline and services, and

* FI knowledge sharing webpage.

The FI training course has become one of the elective courses of the ACIC for ACIC participants and RCU officers. The course aims at equipping the participants with the basic tools to carry out financial investigation. The participants will learn how to prepare an affidavit for a production order or restraint order; how to prepare a statement under the laws for confiscation proceedings, and how to conduct simple fund flow analysis.

The course has been organised twice so far and the third one has been scheduled for October this year. As regards the FI Workshop for senior crime managers, it will take the form of a knowledge and experience-sharing forum.

In addition, FI NB has set up a FI Hotline 2527-1234 for RCU officers to get in touch with a CIP in FI NB in case they come across any case with potentials of money laundering prosecution or asset restraint and confiscation. If necessary, the CIP may arrange for an FI officer to assist RCU officers at the scene.

The hotline will come into operation in September when FI NB launches a knowledge sharing webpage at its website. The webpage will be loaded with all case authorities and legal advice relating to money laundering prosecution, as well as standard practices and procedures of asset restraint and confiscation proceedings.

SP Cheng hopes that the action plan would enhance not only the financial investigation capability of RCU officers but also their awareness of the usefulness of financial investigation in combating crimes.

Assistant Commissioner (Crime) Wong Fook-chuen has called on Regional Crime Units to put more emphasis on fighting proceeds from crime


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