Wayne Walsh SC

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

LANGUAGES

English, Cantonese

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 / private international law cases involving cross – border litigation in both civil and criminal context.

Wayne began his legal career as a commercial litigator in private practice and then became a prosecutor with the Serious Fraud Office in New Zealand before joining the Attorney General’s Chambers in Hong Kong in 1992. Initially a prosecutor in the Commercial Crime Unit of Prosecutions Division advising and prosecuting ICAC cases, Wayne transferred to the International Law Division in 1998 where he became Deputy Law Officer handling all cases of international cooperation with foreign governments in criminal and some civil matters. He left government service in 2018 to commence practice at the Bar.

During his time in the Department of Justice, Wayne led negotiations for bilateral Agreements and advised on implementation of international penal conventions such as the Convention against Transnational Organized Crime, the Convention against Corruption and the Convention for the Suppression of the Financing of Terrorism. Wayne also advised on the implementation of anti – money laundering and counter – terrorist financing standards under the Organized and Serious Crimes Ordinance, the United Nations (Anti – Terrorism Measures) Ordinance and the Anti – Money Laundering and Counter – Terrorist Financing Ordinance.

Wayne was a member of the Hong Kong, China delegation of the Financial Action Task Force (FATF) in Paris for 18 years and from 2010 – 2012 he co – chaired a FATF Working Group which revised the current FATF Recommendations. Wayne continues to advise Government and private sector on anti – money laundering and counter – terrorist financing standards.

He is the author of the authoritative legal text “Cross-Border Crime in Hong Kong”, Lexis Nexis 2018 which includes coverage of the offence of money laundering; procedures for surrender of fugitive offenders (extradition), mutual legal assistance, transfer of sentenced persons; and the implementation of United Nations sanctions against financing of terrorism and proliferation of weapons of mass destruction.

Wayne accepts instructions in both criminal and civil cases, including trial work and asset recovery proceedings.

Practice Areas

General Criminal Litigation
Administrative and Public 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 [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.

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