Wayne Walsh SC

Call 2006 (Hong Kong), 1986 (Commonwealth)
Silk 2015 (Hong Kong)

LANGUAGES

English, Cantonese (basic)

CONTACT

T: +852 2840 1130
E: wayne.walsh@parksidechambers.com.hk

Secretary: Ms. Juliana Chan
E: juliana.chan@parksidechambers.com.hk

Profile

Wayne specializes in financial crime and compliance. He also has extensive experience in public international law cases involving cross-border litigation in criminal and civil context.

Prior to commencing practice at the private Bar in 2018, Wayne spent a 25-year career with the Department of Justice, Hong Kong, where he prosecuted white-collar crime and corruption cases and oversaw all major criminal cases involving cross-border litigation and international cooperation. Wayne has recognized expertise in the fields of Hong Kong extradition law, search warrants, mutual legal assistance, asset recovery and proceeds of crime. He has established an international and local profile in financial crime and regulatory compliance matters. He was a lead advisor to the Government on implementation of anti-money laundering and counter-financing of terrorism standards for many years and from 2010 to 2012 he co-chaired a Working Group of the Financial Action Task Force in Paris which revised the current international standards the FATF Recommendations.

Since moving to private practice, Wayne has been acting for a range of individuals and entities facing financial crime and regulatory compliance investigations including in cross-border context. Wayne is instructed to act in cases of extradition, mutual assistance and proceeds of crime, and in trials of white-collar crime, money laundering and serious predicate offences. He continues to advise the Hong Kong Government and the Hong Kong Monetary Authority on financial crime compliance standards and is periodically engaged by foreign governments and the International Monetary Fund on country missions. Wayne has a standing practice in administrative and public international law, and in civil proceedings in the High Court especially in asset recovery context.

Wayne is the author of the legal text ‘Cross-Border Crime in Hong Kong’ LexisNexis 2018 which surveys the Hong Kong offence of money laundering and procedures for extradition, mutual assistance, prisoner transfer, and implementation of sanctions against financing of terrorism and proliferation of weapons of mass destruction.

Practice Areas

General Criminal Litigation
General Civil Litigation
Administrative and Public Law
Commercial Law
Compliance, Securities and Banking
Insolvency Law
International Law
White-Collar Crime

Education

1991

LL.M. (Hons),
University of Auckland

1986

LL.B.,
University of Otago

1980

B.A. (Hons),
University of Otago
  • Chairman of the Board of Directors of the Widows and Orphans Pension Scheme 2011-2017
  • Author, Cross-Border Crime in Hong Kong, Lexis Nexis 2018
  • Contributing Editor, Archbold Hong Kong
Administrative and Public Law / International Law/ Crime


Fugitive Offenders

  • Ho Man Kong v Superintendent of Lai Chi Kok Reception Centre (2014) 17 (HKCFAR) 179: drug trafficking; habeas corpus, admission of foreign telephone intercept evidence; fundamental rights; led by Anderson Chow S.C. (CFA)
  • Chan Hok Shek v Superintendent Lai Chi Kok Reception Centre [2010] 3 HKC 94: arms trafficking, smuggling, money laundering; habeas corpus; non – availability of witnesses for trial; duty of candour (CFI)
  • Re Kenneth John Freeman (2007 Eastern Magistracy): rape, child pornography; America’s Most Wanted; committal proceedings
  • Re Wong Sui Ching (2007 Eastern Magistracy): murder; contract killing of pregnant victim, hitman travelling to Northern Ireland; committal proceedings
  • Huang Yuan Yuan Ian v Superintendent of Lai Chi Kok Reception Centre (2006) 9 HKCFAR 860: forgery, theft; habeas corpus; authentication of foreign supporting evidence (CFA)
  • See Cherk Ching v Superintendent of Lai Chi Kok Reception Centre [2005] 3 HKC 559: drug trafficking, firearms, forgery; habeas corpus; admissibility of witness evidence not made under oath or affirmation (CFI)
  • Re Shah, Afridi, and Ali (2002 Eastern Magistracy): supply of weapons to terrorists; purchase of anti – aircraft missiles for Al Qaida in exchange for drugs; committal proceedings
  • Chen Chui Ping v Superintendent Lai Chi Kok Reception Centre [2000] 3 HKC 777; Chen Chui Ping v Chief Executive of the HKSAR [2002] HKCU 1076: migrant smuggling, hostage – taking; ‘Sister Ping’ alien smuggling operation China to the United States; habeas corpus / judicial review; lapse of time for prosecution of the offences under foreign law (CA)
  • Chong Bing Keung, Peter v Government of United States of America (No 2) [2000] 2 HKC 137: murder, dangerous drugs, arson, criminal intimidation; habeas corpus; adjudication by domestic courts of treaty obligations between HKSAR and a foreign country (CA)
  • Alfred Gomez Tiongco v Government of the Republic of the Philippines [1998] 2 HKLRD 282: drug trafficking, firearms; habeas corpus; test for relevant offence (CFI)
  • Chen Chong Gui v Senior Superintendent of Lai Chi Kok Reception Centre [1998] 1 HKC 522: migrant smuggling, hostage – taking; habeas corpus; plea in bar of autrefois convict (CA)

Mutual Assistance / Search Warrants

  • Chan Mei Yiu Paddy v Secretary for Justice [2013] HKCU 1554, 1884: fraud, corruption, money laundering; Silvio Berlusconi; judicial review of a direction to send material obtained under search warrant to a foreign jurisdiction (CA), (CFA)
  • Chan Mei Yiu Paddy v Secretary for Justice [2012] 4 HKC 341: fraud, corruption, money laundering; Silvio Berlusconi; judicial review of a search warrant executed with assistance from foreign investigators; led by Clive Grossman S.C. (CA)
  • Rmbsa Corporate Services Ltd v Secretary for Justice [2008] 2 HKC 81; Rmbsa Corporate Services Ltd v Secretary for Justice (No 2) [2010] 2 HKC 331: corruption; judicial review of a search warrant over premises occupied by a foreign registered law firm; legal privilege (CA), (CFI)
  • Re Anson Garments Ltd [2006] 2 HKC 246: textile smuggling fraud; China to the United States; judicial review of a search warrant in a foreign revenue context (CFI)
White Collar Crime / Civil Proceedings


Asset Recovery

  • Re Kim Dotcom [2019] 3 HKLRD 1: forfeiture orders, threatened breach of the Hong Kong Bills of Rights, United States fugitive disentitlement doctrine
  • Re Kim Dotcom [2014] HKCU 2396, [2016] HKCU 61; [2017] HKCU 2170: criminal copyright, money laundering; Mega movie – sharing business on the internet; freezing orders (CFI)
  • Re Rafat Ali Rizvi & Ors [2014] HKCU 280: corruption, fraud, money laundering; collapse of Bank Century; registration of external confiscation order over Hong Kong property (CFI)
  • Mathias Ortmann v Secretary for Justice [2014] HKCU 2607: criminal copyright, money laundering; Mega movie – sharing business on the internet; appeal against order for variation of freezing order; interlocutory appeals (CA)
  • Secretary for Justice v Zhenly Ye Gon & Anor [2012] 2 HKC 523: organized crime, drug trafficking, money laundering; Mexican drug manufacturing and distribution plant; BOC and HSBC banking conduits; freezing order (CA)

Money Laundering

  • Cheung Kam Sing v HKSAR [2011] HKCU 2456: appeal against conviction and sentence by a Hong Kong certified public accountant for dealing in the proceeds of foreign crime (CA)

Wayne holds degrees from New Zealand Universities and spent periods studying in the United States and the Soviet Union.

From 1981 to 1984, he served as an Inspector in the Royal Hong Kong Police Force.

Wayne began his legal career in 1987 as a commercial litigator with the New Zealand law firm Russell McVeagh and then from 1990 – 1992 he was a prosecutor with the Serious Fraud Office.

In 2019, Wayne was recognized in Doyles Guide as a leading criminal law silk in Hong Kong.

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