International Criminal Law Conference

2 November 2021 (9am 5:10pm)



Programme (All the time in HKT (GMT+8))


8:45am – 9:00am Registration
9:00am – 9:10am Welcome Address
  • - The Honourable Ms. Teresa Cheng Yeuk-wah, GBM, GBS, SC, JP
9:10am – 10:45am Topic One:
"Human rights considerations in the criminal law context"

This topic will address the interplay between human rights and criminal law. The Basic Law and the Bill of Rights guarantee the rights to freedom of speech, assembly, procession and demonstration for Hong Kong residents. However, the Courts reiterated in recent public order cases that these rights are not absolute and are subject to restrictions in the interests of public safety, public order and the protection of others’ rights and freedoms. In considering individual human rights in criminal proceedings, how should the Courts strike a right and fair balance against the competing and broader societal interests? How effective is the criminal justice system in Hong Kong in guiding the members of the public in exercising their rights and freedoms within the legal boundary?

  • - Ms Vinci Lam, SC (Moderator)
  • - Mr. Justice Henry Litton, CBE, GBM
  • - Mr. Benjamin Yu, SBS, QC, SC, JP
  • - Mr. Johnny Mok, BBS, SC, JP
10:45am – 11:00am Break
11:00am – 12:30pm Topic Two:
"Sentencing offenders: maintaining public confidence in criminal justice"

This topic will review the development in sentencing principles in Hong Kong with reference to the recent Court of Appeal’s sentence review cases and explore the way ahead. For example, some suggested that the Prosecution, as a matter of principles, should play a more active role at the stage of sentencing by making submissions on the quantum of sentence, while others advocated setting up a sentencing council in Hong Kong as in some other common law jurisdictions to promote greater transparency and consistency in sentencing. These suggestions will be examined to consider how our criminal justice system can be developed to assist the Courts in sentencing.

  • - Professor Simon Young (Moderator)
  • - Mr. Justice Jeremy Poon
  • - Mr. Ian Grenville Cross, GBS, SC
  • - Mr. Jonathan Man
12:30pm – 2:00pm Lunch break
2:00pm – 3:30pm Topic Three:
"Combating corruption in the Mainland and Hong Kong"

In this session the speakers will look at the anti-corruption regulatory framework in the Mainland and Hong Kong, with a view to examining the requisite components of a robust anti-corruption regime and considering whether the existing laws and regulations in Hong Kong are effective in combating corruption. In particular, the panel will examine the latest development of the common law offence of misconduct in public office in fighting against corruption in the public sector.

  • - Mr. Robert Lee, SC (Moderator)
  • - Mr. Shi Weizhong
  • - Mr. Simon Peh Yun-lu, SBS, IDSM
  • - Mr. William Tam, SC
3:30pm – 3:40pm Break
3:40pm – 5:00pm Topic Four:
"Crowdfunding or Crime-funding?"

In recent years, crowdfunding activities have become increasingly prevalent internationally and locally. However, they have been exploited as an unorthodox way of money laundering in a growing number of cases. By comparing the strengths and weaknesses of the regulation of crowdfunding activities in the international financial centres of London and Hong Kong, this topic will shed light on what additional steps Hong Kong should take to prevent crowdfunding from becoming crime-funding, such as money laundering activities, and address the question of whether, and if so, how, Hong Kong should legislate on crowdfunding.

  • - Mr. Stephen Hung (Moderator)
  • - Mr. Jonathan Caplan, QC
  • - Mr. Joseph Tse, SC
  • - Mr. Anthony Chau
5:00pm – 5:10pm Closing remarks


Speakers

Topic one

Topic Two

Topic Three

Topic Four