Hong Kong's Director of Public Prosecutions,
Mr Grenville Cross, has announced that Hong Kong is acting to strengthen
its asset seizure laws in order to 'strike directly at the financing of
terrorism.'
During his speech entitled 'Recovering the
Proceeds of Crime - Time For Action not Words,' at the Regional Conference
of Attorneys-General of Countries in Asia and Europe, Mr Cross confirmed
that it had been made clear to banks in Hong Kong that it was incumbent
upon responsible financial institutions to review their customers' accounts
to see whether any of them might be connected to terrorism, and suspicions
must be reported.
'The time has surely passed when financial
institutions can rely upon confidentiality as an excuse for not helping
law enforcers,' he said. 'Bank secrecy laws have been deployed down the
years by those who wish to conceal their ill-gotten gains. The information
kept by financial institutions in relation to the holding and transfers
of money is critical to money laundering investigations.'
Mr Cross highlighted the direct threat that
money laundering posed to national and international financial systems
and called for the issue of bank secrecy to be examined in light of the
need to balance the interests of the individual, the financial services
provider and the state.
He pointed out that some jurisdictions in
recent times had cut back on bank secrecy by prohibiting certain operations
that were designed to stop the flow of money being traced, such as anonymous
bank accounts or procedures to eliminate the paper trail.
Prosecutors had to prosecute organised
criminals, seize their assets and disrupt their operations, declared Mr
Cross. The confiscation of the proceeds of crime was an integral part
of the functions of today's prosecutors and investigators, and they had
to be determined and resolute and prepared to play a long game. He added
that it was 'easier for a criminal organisation to replace apprehended
offenders than it is to replace millions of dollars of seized assets.'
Mr Cross concluded: 'Let us not be afraid
to do what is necessary to combat money laundering. If we act resolutely
at this stage, future generations will thank us. If we shy away from action,
the future may indeed be bleak. To leave illegal assets in the hands of
criminals is profoundly damaging to society. Let us act now before it
is too late.'