Coverage

GIR Live Hong Kong: the Yates Memo and dealing with uncooperative witnesses

18 October 2016

Lawyers from Hong Kong and China discussed how to handle uncooperative employees during interviews and navigate tricky data privacy issues at the second annual GIR Live Hong Kong.

GIR Live Hong Kong: more transparency required in regulator fines

17 October 2016

Banking regulators are failing to make clear the rationale behind fining decisions, so it appears as if financial penalties are being conjured from thin air, says HSBC’s head of regulatory affairs for Asia-Pacific.

GIR Live Hong Kong: AML enforcement is booming

17 October 2016

Hong Kong’s senior assistant director of public prosecutions has warned financial institutions to remain vigilant against money laundering as enforcement in the region ramps up.

Chairs

Martin Rogers

Davis Polk & Wardwell

Martin Rogers is a partner in Davis Polk’s litigation department, based in Hong Kong. He is regarded as one of the market’s leading litigation and financial services regulatory lawyers with over 20 years’ experience in Asia, advising on complex litigation, arbitration, regulatory and white collar crime matters, with extensive experience advising leading corporates, the financial services industry and government bodies.

Kyle Wombolt

Herbert Smith Freehills

Kyle Wombolt is the global head of Herbert Smith Freehills' corporate crime and investigations practice. Based in Hong Kong, he has over 15 years' experience in Asia and has led investigations and compliance projects in more than 40 countries around the world. Kyle focuses on multi-jurisdictional anti-corruption, regulatory, fraud and accounting investigations, as well as trade and sanctions issues involving multinational and major regional corporates.

Keynote

Maggie Yang

Senior Assistant Director of Public Prosecutions, and Head of the Major Fraud and Terrorist Financing team in the Commercial Crime Unit, Prosecutions Division, Department of Justice

Maggie Yang is the head of the Major Fraud and Terrorist Financing team in the Commercial Crime Unit of the Prosecutions Division in the Department of Justice responsible for prosecutions of criminal fraud and other white collar crime. She was admitted as a solicitor in the Supreme Court of the United Kingdom in 1992 and in Hong Kong in 1993. She worked in London before joining the Prosecutions Division of the Department of Justice in 1994 and has been working in the Commercial Crime Unit since.

Speakers

Georgia Dawson

Freshfields Bruckhaus Deringer

Mark Johnson

Debevoise & Plimpton

Catherine McBride

Head of Litigation and Regulatory Enforcement, North Asia, Deutsche Bank

Susan Munro

Steptoe & Johnson

Philip Rodd

EY

Zou Weining

JunHe

Programme

8.30: Welcome coffee and registration

9.00: Chairs' welcome

Martin Rogers, Davis Polk & Wardwell

Kyle Wombolt, Herbert Smith Freehills

9.10: Morning keynote speech

Maggie Yang, Senior Assistant Director of Public Prosecutions, and Head of the Major Fraud and Terrorist Financing team in the Commercial Crime Unit, Prosecutions Division, Department of Justice

9.40: Session one: Hong Kong and anti-money laundering investigations: Caught in the middle 

Interest in AML enforcement is on the increase around the world - with Hong Kong very much a pressure point. Not only is it financial centre in its own right - but it is on the doorstep of China, where authorities are concerned about huge capital outflows and are cracking down - hard - on underground banks. So being a bank in Hong Kong means accepting that you may receive interest (and on the ground visits) from officials from any number of jurisdictions, plus Hong Kong's own HKMA (see its various recent policy statements about the importance of AML compliance). What happens when the views of these enforcers don't quite align?

In this session, leading names will discuss how Hong Kong's banks and investigations lawyers can respond to being caught in the middle this way.

Questions they're expected to answer include:

  • Are AML investigations around the world on the increase and what's driving that? 
  • What does that mean for Hong Kong? 
  • What has the HKMA been doing? What does it regard as the key components in an AML/CFT programme?
  • What's happening in China?
  • How does one deal with differences in the underlying AML standards around the world? 
  • Are various enforcers coordinating or at least talking to one another? 
  • Are there particular challenges in responding to AML investigations - eg data transfers out of China? Are there work arounds?

Moderator:

Martin Rogers, Davis Polk & Wardwell 

Panel:

Georgia Dawson, Freshfields Bruckhaus Deringer

Philip Rodd, EY

Further speakers to be announced 

11.00: Coffee break

11.30: Session two: GIR Live Question time - How to deal with employees and their rights during investigations

In this session, panel - and audience - will discuss how the art of investigating has changed with the enforcers' new focus on finding a real live person to bring to account, and the accompanying expectation that companies should, whenever possible, serve up the potentially guilty person on a plate (see the US DoJ's Yates Memo, the UK's senior managers regime - etc). What are the pros and cons of such a policy? How does it help or impede the process of conducting an effective investigation on the ground? What adjustments must the investigator make?

The session will include the GIR Live Question time - an expanded Q&A section built around questions submitted in advance. On the day, audience members will be invited to introduce their question from the floor before discussion of the same by panel and room.

Moderator:

Kyle Wombolt, Herbert Smith Freehills

Panel:

Mark Johnson, Debevoise & Plimpton

Catherine McBride, Head of Litigation and Regulatory Enforcement, North Asia, Deutsche Bank

Susan Munro, Steptoe & Johnson

Zou Weining, JunHe

13.15: Chairs' closing remarks

Martin Rogers, Davis Polk & Wardwell

Kyle Wombolt, Herbert Smith Freehills

13.30: Close of conference

Venue

Hong Kong International Arbitration Centre, 38th Floor, Two Exchange Square, 8 Connaught Place, Hong Kong

Testimonials

  • "Very interesting; excellent calibre of speakers"

    Jocelyn Williams, Deutsche Bank AG

  • "Good interative approach and love the tech guys adding perspectives."

    William Yuen, Bank of America Merril Lynch