Wayne Walsh SC

Practice Areas

GENERAL CIVIL LITIGATION

Administrative and Public Law

Banking and Financial Services

Civil Fraud, Asset Recovery and Injunctive Relief

Company, Restructuring and Insolvency

International Law

Professional Liability and Discipline

CRIMINAL PROSECUTION, DEFENCE & APPEALS

Criminal Ancillary Matters: Extradition, Restraint, Confiscation and Forfeiture Matters, and Mutual Legal Assistance

Other General Crimes Regulatory Offences and Market Misconduct

White-Collar Crime

Career

Wayne has a deep bench of knowledge in both mixed criminal and civil law practice, with recognised expertise specialising in financial crime and compliance, civil fraud, and asset recovery. He also has notable and extensive experience in public international law cases involving cross-border litigation.

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 major criminal cases and certain civil cases involving cross-border litigation and international cooperation. Before this he was a prosecutor with the Serious Fraud Office in New Zealand, a solicitor in commercial litigation, and for 3 years an Inspector in the Royal Hong Kong Police Force.

Wayne has recognised 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 for 2 years, he co-chaired a Working Group of the Financial Action Task Force in Paris which revised the current international standards for 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. He has a prominent practice in administrative and public international law, and in civil proceedings in the High Court especially asset recovery and insolvency cases involving allegations of fraudulent conduct demonstrating a notable depth of expertise in these areas.

He brings multi-disciplinary capabilities to his practice, making him a unique and distinctive asset at the Bar. His body of work/case history evidences his strong track record in these fields. Wayne is instructed in trials and appeals involving white-collar crime, money laundering and serious predicate offences. He also continues to advise 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 and advisory work pertaining to the most recent financial crime benchmarks and best practices.

Professional Memberships

Chairman of the Board of Directors of the Widows and Orphans Pension Scheme, Hong Kong, 2011-2017

University of Hong Kong, Faculty of Law, Lecturer (Transnational Criminal Law, LL.M.) 2023-2024

Publications

Author of ‘Cross-Border Crime in Hong Kong: Extradition, Mutual Assistance, Financial Sanctions’ (3rd Ed.) LexisNexis 2023

Contributing editor, Archbold Hong Kong

Work Highlights

ADMINISTRATIVE & PUBLIC LAW

Selected Cases

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).

Chan Mei Yiu Paddy v Secretary for Justice [2010] HKCU 1686: judicial review of search warrant, attendance of foreign prosecutors during the search; led by Clive Grossman S.C. (CFI).

Chan Mei Yiu Paddy v Secretary for Justice [2007] 3 HKLRD 549, [2007] 4 HKC 224: search warrants, judicial review, correct approach to discovery (CFI).

Rmbsa Corporate Services Ltd v Secretary for Justice [2006] 4 HKC 198, [2008] 2 HKC 81, [2008] 5 HKLRD 351; corruption; judicial review of a search warrant over premises occupied by a foreign registered law firm; legal privilege (CFI) (CA).

Rmbsa Corporate Services Ltd v Secretary for Justice (No 2) [2010] 1 HKLRD 373, [2010] 2 HKC 331: corruption; judicial review of a search warrant over premises occupied by a foreign registered law firm; legal privilege (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).

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; judicial review of order for surrender; lapse of time for prosecution of the offences under foreign law (CA).

CIVIL FRAUD, ASSET RECOVERY, & INJUNCTIVE RELIEF

Selected Cases

Smart Edge Ltd v Lun Hau Mun & Ors [2020] HKCFI 1900: interlocutory injunction, enforcement of securities agreements, application by receivers to take control of the company (CFI).

Pacific Andes Enterprises (BVI) Ltd (In Liquidation) & Ors v Ng Joo Siang & Ors [2020] HKCFI 1242: alleged trade finance fraud, investigations by regulatory and law enforcement agencies in Singapore and Hong Kong, application for mareva injunction (CFI).

Secretary for Justice v Yip Kim Po & Ors (HCMP 2525/2007, 15 June 2020): conspiracy to defraud, variation of freezing order, release of funds to victim companies (in liquidation) by judgment order obtained in parallel civil proceedings (CFI).

Re Kim Dotcom [2019] HKCA 885: freezing orders, abuse of process, dual criminality for breach of copyright and money laundering, leave to appeal (CA).

Re Kim Dotcom [2019] 3 HKLRD 1: freezing orders, threatened breach of the Hong Kong Bills of Rights, United States fugitive disentitlement doctrine (CFI).

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).

Ortmann v Secretary for Justice [2015] 1 HKLRD 240: 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 HKLRD 565, 2 HKC 523: organized crime, drug trafficking, money laundering; Mexican drug manufacturing and distribution plant; BOC and HSBC banking conduits; freezing order (CA).

WHITE COLLAR CRIME

Selected Cases

Secretary for Justice v Shin Dong Ki & Ors [2023] HKCA 1021: leave to appeal on ground the funds in question did not represent proceeds of an indictable offence and the applicant could not have been convicted of money laundering (CA).

Secretary for Justice v Shin Dong Ki & Ors [2022] HKCFI 929: foreign tax evasion, money laundering, application to discharge restraint order over property in Hong Kong (CFI).

HKSAR v Herry Jane Yusuph [2021] 1 HKLRD 290, 1HKC 458: appeal against forfeiture of proceeds of crime, correct approach to sentencing for trafficking in dangerous drugs (CA).

HKSAR v Chan Cheong Ming (HCCC 364/2018, July 2019): money laundering, trafficking in dangerous drugs, jury trial (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).

Cheung Kam Sing v HKSAR [2011] HKCU 2456: appeal against conviction and sentence by a Hong Kong certified public accountant for money laundering (CA).

CRIMINAL ACILLIARY MATTERS: EXTRADITION/GENERAL CRIMES

Selected Cases

Ramanjit Singh v Commissioner of Correctional Services & Anor [2023] HKCFI 1983: application for habeas corpus alleging prejudice on account of applicant’s Sikh religion and political support for an independent state of Khalistan (CFI).

Government of Republic of India v Ramanjit Singh alias Romi [2021] HKCA 865: correct approach to treaty interpretation and the Fugitive Offenders (India) Order (CA).

Government of Republic of India v Ramanjit Singh alias Romi [2021] 1 HKLRD A2: case-stated appeal, offence of escape from lawful custody, treaty interpretation and the Fugitive Offenders (India) Order (CFI).

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] 1 HKLRD 888, [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] 4 HKLRD 105, [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 HKLRD 694, 3 HKC 777; migrant smuggling, hostage – taking; ‘Sister Ping’ alien smuggling operation China to the United States; habeas corpus (CA).

Education

Awards