| Circular No. 00-07 (CR) |
17 June 2000 |
Prevention of Money Laundering
The illegal act of money laundering
in various business activities has always been a matter of
great concern to the Police Force, and much effort has been
made to bring this crime to the greater awareness of the business
community. The Estate Agents Authority has recently been requested
by the Police Force to bring money laundering to the attention
of estate agents, so that they may take appropriate precaution
against its possible occurrence in property transactions.
The term "money laundering" covers
all procedures to change, obscure or conceal the ownership
or audit trail of illegally obtained money or property so
that such money or property appears to have originated from
a legitimate source. Generally speaking, an act of money laundering
involves three stages:
| (a) |
Placement - the disposal of cash proceeds
derived from illegal activities; |
| (b) |
Layering - separating illicit proceeds
from their source by creating complex layers of financial
transactions designed to disguise the source of money,
subvert the audit trail and provide anonymity; |
| (c) |
Integration - creating the impression of
apparent legitimacy to criminally derived wealth and placing
the laundered proceeds back into the economy. |
According to provisions
in the Organized and Serious Crimes Ordinance (Cap. 455) and
the Drug Trafficking (Recovery of Proceeds) Ordinance (Cap.405),
where a person knows or suspects that any property directly
or indirectly represents proceeds of a crime, he shall as
soon as it is reasonable for him to do so disclose that knowledge
or suspicion to the Police. Further, a person commits an offence
if, knowing or having reasonable grounds to believe that any
property directly or indirectly represents proceeds of a crime,
he deals with that property. Contravention of these provisions
may attract imprisonment and a fine.
For further information and reporting
procedures, practitioners may call the relevant Police Hotline
at 2866 3366.
| This Circular should be made available
for theinformation of all staff engaged in estate agency
work |
|