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Law Enforcement

Hong Kong has designated authorities to investigate money laundering (ML) and terrorist financing (TF) offences and has equipped them with the necessary powers. The primary investigative authorities are the Hong Kong Police Force (HKPF) and the Customs and Excise Department (C&ED). In the event that ML and TF offences are facilitated by corruption, the Independent Commission Against Corruption (ICAC) will investigate such cases. The HKPF and C&ED have permanent special investigative groups dedicated to the investigations of ML and TF and are mandated to investigate, seize, freeze and confiscate the proceeds of crime and terrorist property. The ICAC has a dedicated section dealing with restraint and confiscation of proceeds of crime. Hong Kong enforcement authorities have access to a range of investigative powers when conducting ML or TF investigations and may compel production, search and seizure of documents.

The Joint Financial Intelligence Unit (JFIU), a joint unit staffed by officers from HKPF and C&ED is Hong Kong’s authority for receiving, analyzing and disseminating disclosure of Suspicious Transaction Reports (STRs) and other relevant information concerning suspected ML or TF activities. The JFIU, HKPF, C&ED, ICAC and other competent authorities meet on a regular inter-agency basis to review ML and TF, typologies and trends.

The Department of Justice (DoJ) provides legal advice to the Government, conducts criminal prosecutions and manages asset recovery. The Proceeds of Crime Unit is the dedicated unit providing legal services related to asset recovery. It maintains an internal case tracking system capable of tracing cases beyond interlocutory phases and through to trial and appellate phases.