Collection of statutory, non-statutory and EC materials, updated to include all significant developments

As Hong Kong enters its third year under Chinese rule, the prognosis for the common law remains uncertain. Can the improbable doctrine of 'one country, two systems' be made to work? Will the political controversies that continue to bedevil the territory undermine the rule of law and the integrity of the legal order? The 21 essays in this important new collection consider these, and many other, questions. The first part examines several problems that lie at the heart of the Basic Law's promise of legal continuity. Hong Kong's economic order and its legal buttresses are analysed in Part 2, while the essays in Part 3 trace the shifts in social values as reflected both in Chinese and Hong Kong law. Though they embrace a wide area, the contributions to this volume suggest that, while many problems lie ahead, Hong Kong's law and legal system seem adequately entrenched to endure well into the future. Raymond Wacks is Professor of Law and Legal Theory at the University of Hong Kong. He is an international authority on the legal protection of privacy, and has also published widely in the field of legal theory. Professor Wacks has edited several books on Hong Kong law and human rights. His recent books include Privacy and Press Freedom (1995). The fifth edition of his text, Jurisprudence will appear in early 2000. “(B)y far the most comprehensive study of the post-1997 legal order I have come across, covering nearly all the subjects which the Basic Law touches upon... (I)t contains much insightful analysis of the historical development and future issues surrounding each topic... A very valuable contribution to scholarship... Far more importantly, there is no collection that comes close to such an array of good analysis on so many topics.” — Anthony Neoh, SC, Visiting Professor, Peking University

This book gives a broad analysis of the legal issues raised by the international fight against money laundering. It offers an extensive comparative research of the criminal and preventive law aspects from an international perspective. Stessens portrays money laundering as a new criminal trend threatening both national and international societies which must be addressed multilaterally through banking practice, international conventions and human rights. Most of this volume is devoted to specific legal problems that spring from the international nature of the money laundering phenomenon. It contains a most detailed overview on the rules and practices of international co-operation in the fight against money laundering. The publication gives a thorough examination of the exchange of information, lifting banking secrecy, and seizing and confiscating assets, as well as the jurisdictional questions that inevitably arise in this context. The result is a rich and detailed study of international and comparative law.

In this timely Research Agenda, Barry Rider has assembled a cast of internationally renowned experts to identify the most pressing questions and issues around financial crime, helping to inform our understanding of how best to protect our economies and financial institutions.

Written by an experienced and serving police officer, the book is based on two years of academic and field research as a Jawaharlal Nehru Memorial Fellow. Trehan starts from the premise that the nature of crime today is transnational and has become more so with the unprecedented development of information technology. The book examines various criminal activities that are used to make huge sums of money and then goes on to examine the methods of money laundering which are used to destroy or hide its illegal sources. The author also analyses how illegally earned money is used after laundering for legitimate businesses and how money laundering affects national security and even the process of economic liberalization. The book includes a discussion of legislative and other responses aimed at countering the dangers of crime and money laundering.

Law of Cross-Border Business Transactions aims at giving a structured introduction to the law and practice of investment deals (e.g., greenfield projects, M&As and hybrid forms) and of non-investment transactions (e.g., trade, technology transfer and services). Cross-border business deals are nowadays routine matters for business entities all over the world and the related legal aspects are becoming more and more complex. This book provides extensive general background information. It also covers numerous specific issues of relevance in the context of cross-border projects. Substantive law issues, procedural aspects and skills-related considerations such as contract drafting, structuring options and cross-cultural lawyering techniques are included, adding up to an unusually comprehensive and useful guide in the field. What’s in this book: The author describes a wide spectrum of transaction types. He explains underlying principles from a conceptual and a comparative point of view with a focus on transactional issues, using case studies from a variety of jurisdictions to demonstrate the significance of particular aspects in the context of multi-jurisdictional legal practice. Among much else, topics include the following: international lawyering and cultural diversity; lex mercatoria; conflict of laws; letters of intent, position papers, heads of agreement, confidentiality and exclusivity agreements; structure and contents of international contracts; e-contracts and smart contracts; protection of intellectual property rights and technology transfer; trade, countertrade and trade financing; insurance; agency and distributorship; greenfield investments and M&As; competition law and merger control; employment law; corporate governance and corporate social responsibility; international taxation; and dispute settlement and cross-border enforcement of awards. This second edition updates the discussion of the different topics comprehensively. It also expands many parts and adds sections in relation to new themes that have gained importance since the publication of the first edition. In particular, it addresses legal issues arising out of the digitalization of the global economy with a special focus on choice-of-law questions, smart contracts, e-bills of lading and online dispute settlement. It also draws attention to the impact of China’s Belt and Road initiative, Brexit and the ‘America First’ foreign policy. How this will help you: Of special value is the author’s precise guidance on drafting techniques and contract practice. The clarity of the presentation, the uncompromising consistency in terms of structure and a large body of references to primary and secondary sources presented in this edition ensure that legal professionals, business managers and academics as well as other interested parties can gain easy access to comprehensive and detailed information across jurisdictions.

Money laundering law and practice is found in three branches of the law - criminal, civil and regulatory. Often these are approached separately but the authors of Graham, Bell and Elliott Money Laundering believe that a full understanding of the issues requires dealing with all three areas at once while remaining sensitive to the connections between them. In recent years there have been major developments that make this new work both timely and important. The new Proceeds of Crime Act 2002 creates a much strengthened set of money laundering offences which are expected to be extensively used by prosecutors. The creation of the Assets Recovery Agency, with new powers to seek the civil recovery of the proceeds of crime, significantly enhances the scope of action that may be taken against property suspected to be derived from criminal conduct. In addition, there have been significant changes to the regulatory components of UK money laundering law brought about by the introduction of the FSA's Money Laundering Sourcebook, amendments to the Money Laundering Regulations 1993 and enhancements to the Joint Money Laundering Steering Group's Guidance Notes. These are all covered in this book. This key new work is designed for the non-specialist and specialist practitioner alike, offering a complete overview of all these and other important topics. The precise and wide-ranging nature of the new burdens which the law imposes on practitioners makes keeping up essential in the proceeds of crime field. Graham, Bell and Elliott Money Laundering meets that need. Money Laundering Reporting Officers ('MLROs'), compliance officers, senior officers with FSA approval, lawyers and accountants will all find this book essential. It is written in a clear, practical style, and is right up-to-date, with legislation included up to 31 January 2003.