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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
Date: 29 March 2023 (Wednesday)
Time: 2:30pm - 5:45pm
Level: I (Intermediate)
For delegates who have prior knowledge of the subject area
Language: English
Fee: HK$ 1,800
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: L23CC04
Venue: Webinar Course
Presenter's Biography:

Anne Carver has now retired from the Chinese University of Hong Kong where she was a Professional Consultant from 2005-2013 in the Faculty of Law. From 1984 to 2004 she taught law at the University of Hong Kong where she was a Senior Lecturer in the Department of Professional Legal Education specialising in Contract, Company and Commercial Law.

In retirement, she is now researching and writing on directors' duties with a particular interest in how the Michael Lynch judgment in May 2022 will impact Hong Kong directors and their professional advisors.

She now lives in Scotland. She is particularly interested in the development of the new common law jurisprudence of civil fraud and will provide further Hong Kong online CPD courses on different aspects of The Honourable Mr Justice Hildyard's 715-page judgment in Autonomy Corporation Limited and Michael Lynch [2022] EWCH 1178 (Ch).

From Scotland she continues to provide online classes for the HKMA ‘s University of Greenwich Masters' classes on The Foundations of the Common Law and International Trade Law. Anne also teaches online Hong Kong Continuing Professional Legal Development courses with a particular emphasis on Risk Management and directors' duties in the time of Covid.

The objective of this Risk Management Seminar is to analyze aspects of Risk Based Assessment and 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, Despite the 2018 statutory provisions of cap 622 defining lawyers as DNFBPs , Practice Direction P continues to serve as "a guideline", not law and the role of the Law Society remains 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) in 2021 in the context of Covid and FATF advice on Risk Based Assessment 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 from an RBA perspective and identify those areas where practitioners must exercise extreme caution.

  • 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 HKSAR v Harjani [2019] HKCFA] Appendix AA 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).

  • 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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