How to give full play to the practical advantages of dual-license lawyers in cross-border criminal cases involving Hong Kong?
Preface
From September 14, 2025, to September 21, 2025, the Guangdong Provincial Department of Justice and the Guangdong Lawyers Association will organize the “2025 Guangdong Province Training Program for Foreign-Related Lawyers (Special Topic: Foreign-Related Criminal Law)” at Southwest University of Political Science and Law. The instructors for this session of the training program are primarily professors from Southwest University of Political Science and Law, who will deliver a series of engaging presentations on cross-border criminal law to the participating lawyers.
During this eight-day training course, we studied topics including evidentiary rules in cross-border criminal cases, long-arm jurisdiction and export controls, specialized modules on combating foreign-related fraud, anti-money laundering, asset recovery and fugitive apprehension, as well as cross-border digital evidence collection. During this course, I observed that China’s legal system is continuously advancing and improving. The public security, procuratorial, and judicial organs are all working diligently to handle criminal cases with foreign-related elements, doing their utmost to safeguard the property and rights of the people.
At the same time, thanks to the teacher’s diligent preparation and insightful explanations, I also learned during this course that numerous cross-border challenges remain unresolved. At present, foreign-related lawyers who hold bar admissions in multiple countries or jurisdictions remain a minority, and among this small group, those who are also well-versed in China’s Criminal Law and Criminal Procedure Law are even more scarce.
I am a dual-qualified lawyer, holding both a lawyer's license from the People's Republic of China and a registration as a foreign lawyer in Hong Kong. Drawing on my professional experience in representing cross-border criminal cases in Hong Kong, I would like to share some of my insights with everyone:Taking Hong Kong as an example, in cross-border criminal cases involving Hong Kong, how can the professional advantages of dual-qualified lawyers be leveraged?
One
Dilemmas in Law Enforcement and Judicial Proceedings Involving Cross-Border Criminal Cases in Hong Kong
1. The procedures for collecting bank card information differ between the two jurisdictions.
In criminal cases involving Hong Kong, if the case concerns both evidence located in Hong Kong and evidence located in mainland China, there is currently no effective mechanism for directly seeking judicial assistance. If it is necessary to obtain the account opening information and related bank transaction records of the bank in question located in Hong Kong, the Hong Kong Police Force must apply to the Hong Kong court for a search warrant.
If the victim has not filed a report and the police station has not opened a case, it is difficult to initiate the process for obtaining a search warrant. Hong Kong police stations have only limited law-enforcement powers; any procedures that involve interference with personal rights or property rights must be approved by the court before they can be carried out.
2. The bank card freezing procedures differ between the two regions.
Mainland Chinese public security authorities cannot freeze bank cards issued in Hong Kong, and Hong Kong police stations likewise cannot freeze bank cards issued in mainland China. However, mainland Chinese citizens can open bank accounts in Hong Kong even if they do not hold a Hong Kong identity card or work in Hong Kong. This has given rise to a number of cross-border telecom fraud cases involving Hong Kong.
This refers to mainland Chinese residents opening bank accounts in Hong Kong and then leasing or lending those accounts to others for use, thereby assisting them in money laundering or engaging in matched foreign exchange transactions. If a Hong Kong bank account receives funds linked to fraud, tracing the multi-level flow of these funds through the account’s transaction history can only be initiated after the account holder files a police report in Hong Kong, at which point the process of funds tracing and freezing may be activated.
Moreover, criminal syndicates have been using the bank accounts of elderly residents in Hong Kong and young migrant workers to launder large sums of money. Unless the account holders report the incidents, they may remain unaware that their accounts are being illegally used for criminal activities. In mainland China, anti-fraud centers have been established, enabling local public security authorities, in collaboration with banks, to swiftly freeze bank accounts involved in fraudulent activities, thereby doing their utmost to prevent the outflow or dissipation of funds.
After a bank card issued in mainland China is frozen by the Chinese public security authorities, the cardholder must prove their innocence, after which the authorities will decide whether to restore the account’s functionality. In mainland China, fund transactions involving sums in the hundreds of thousands are easily flagged by banks’ early-warning systems and may be frozen. However, as an international financial center, Hong Kong sees millions of dollars in transactions as routine and such funds are rarely frozen.
Hong Kong banks have considerable flexibility in their policies regarding mainland Chinese residents opening accounts there; at times, controls are stringent, while at other times they are relatively lax, making it difficult to discern the exact rules.
3. Neither jurisdiction has the authority to conduct arrests outside its own territory.
If the individual is a mainland Chinese criminal suspect who has fled to Hong Kong, mainland Chinese public security authorities cannot directly carry out arrest operations in Hong Kong; they can only persuade the fugitive suspect to return to the mainland or to voluntarily surrender. Similarly, after a mainland Chinese national commits a crime in Hong Kong, the Hong Kong police cannot directly enter the mainland to make an arrest; they can only list the individual as a fugitive and include their case in the relevant records.
Extradition proceedings are not initiated lightly; in both jurisdictions, criminal suspects who cannot be directly apprehended are treated as fugitives on the run. Why can’t mainland Chinese public security organs or Hong Kong police stations arbitrarily carry out the arrest of criminal suspects? The fundamental reason lies in the differences in the legal systems between the two places; although, at present, Hong Kong’s Fugitive Offenders Ordinance…1 cannot serve as a legal basis for extraditing a criminal suspect to the mainland; however, fundamentally, the initiation of an extradition procedure must satisfy the principle of dual criminality: an act that is considered criminal in Hong Kong may not be punishable on the mainland, while an act that constitutes a crime on the mainland may not be punishable in Hong Kong.
Moreover, in criminal cases, if there is no confession from the suspect or the suspect has not been apprehended, the case will be classified as a “pending case” and cannot proceed to subsequent stages of the criminal litigation process. So, in the aforementioned “questionable case,” how can law enforcement authorities initiate cross-border apprehension?
4. Inconsistent procedures for investigating and collecting evidence from victims and witnesses
In criminal cases involving Hong Kong, if a witness is located in Hong Kong and is unwilling to appear in a mainland Chinese court to testify, the public security authorities of mainland China may not exercise their law enforcement powers in Hong Kong to directly investigate and collect evidence from the witness. However, public security authorities in mainland China may conduct investigations and gather evidence from witnesses via remote video conferencing, and may even do so over the telephone.
However, with respect to witness testimony produced in this manner, lawyers generally find it difficult to effectively cross-examine the witness. Moreover, if a defense attorney applies to have a witness in Hong Kong appear in a mainland Chinese court, such an application may not necessarily be approved. However, in Hong Kong courts, victims, witnesses, and expert witnesses are all required to appear in court to testify.
When victims who have suffered financial losses report the incident to the police in Hong Kong, in addition to providing a truthful account, they must also make two commitments: one is to appear in court and testify, and the other is to independently file a civil lawsuit to seek compensation for their economic losses. Therefore, it is impossible for Hong Kong police stations to conduct video or telephone evidence collection from individuals in mainland China via remote means.
This evidence cannot be admitted by the Hong Kong courts.
5. Inconsistencies in cross-border electronic data forensics
In criminal cases involving Hong Kong, the electronic data at issue may not necessarily be stored in WeChat; it is very likely to be stored in applications such as WhatsApp or flight‑related software. As for the electronic data stored on overseas encrypted messaging apps, law enforcement authorities anywhere are unable to extract such data directly from the platform—unless they seize the mobile device in question, crack its security protections, and then secure and extract the data.
In Hong Kong, in addition to the right to remain silent, a suspect also has the right not to cooperate by unlocking their mobile phone or disclosing its passcode to the police. In mainland China, even if a criminal suspect refuses to disclose their phone’s unlock password, Chinese public security authorities possess the technical capabilities to decrypt the passwords of certain phone models and thereby extract electronic data stored on the devices.
If, when the victim reports the case, no measures have been taken to preserve the electronic data stored on the mobile phone, the victim often finds themselves in a rather passive position. Although the teacher mentioned in class that China’s public security authorities are preparing to sign a document related to international judicial assistance in electronic data, I believe that many issues still require coordination and have yet to be fully implemented.
Chinese public security authorities hope that relevant foreign agencies will cooperate to bring electronic data back to mainland China. But what about the reverse scenario? According to Article 36 of the Data Security Law (second draft for deliberation, 2021)…2 Foreign judicial and law enforcement authorities that seek to obtain data stored within the territory of China must obtain approval from the competent Chinese authority.
In short, do Hong Kong police stations have the authority, under a search warrant, to request WeChat’s electronic data from Tencent?
Two
Case-Based Legal Analysis: The Role of Dual-License Attorneys in Cross-Border Criminal Cases
1. Mainland Chinese citizens in Hong Kong have been scammed, and the whereabouts of the funds are unknown.
Case details:
Mr. A, a resident of mainland China, holds a Hong Kong bank card overseas and, following instructions received via WhatsApp, transferred funds to the designated beneficiary account.
Upon discovering that he had been scammed, he immediately reported the case to a Hong Kong police station. In total, he was defrauded of HK$4 million. The police successfully froze HK$3 million in an account under the name “Ting Zai D,” while the remaining HK$1 million had already been withdrawn and transferred, making it impossible to freeze.
Question: How can one recover the HK$3 million frozen by the Hong Kong Police?
In light of the aforementioned limitations on the respective jurisdictions of police forces in cross-border criminal cases, when individuals face criminal legal risks, they may seek professional legal services by retaining counsel. This approach can effectively leverage the practice authorities of lawyers licensed in both jurisdictions, with the aim of bringing perpetrators to justice and recovering assets to mitigate losses.
Cross-border criminal defense team’s approach:
- Mainland China lawyer:
If information indicates that the criminal suspect is a resident of mainland China, according to Article 7 of the Criminal Law of the People's Republic of China [jurisdiction over nationals], citizens of the People's Republic of China who commit crimes outside the territory of the People's Republic of China shall be subject to this law; however, if the maximum penalty prescribed by this law for such a crime is imprisonment for no more than three years, prosecution may be waived. File a report with the public security organ at the defendant’s place of residence or the organ designated to exercise jurisdiction.
Reference: Myanmar-based fraud case
- Hong Kong solicitor:
Responsible for collecting and organizing evidence, as well as for civil litigation and enforcement proceedings.
- Mainland China lawyer, Hong Kong-registered foreign lawyer:
Request for disclosure of information; based on the identity details of Tingzai—A, B, C, D, etc.—a litigation strategy will be formulated.
Cross-border coordination: a report is filed or a civil case is initiated in the mainland, and the mainland initiates the asset-freezing procedure.
2. Case of a Mainland entrepreneur doing business in Hong Kong being criminally detained by the Hong Kong Police Force
Case Details:
Mr. A (name withheld to protect privacy) has been detained in a Hong Kong remand center after being charged by the Department of Justice with the offense of dealing with property known or believed to represent proceeds of an indictable offence (commonly referred to as money laundering), arising from issues related to the management and use of his Hong Kong bank account.
Question: How can we provide effective defense for Entrepreneur A?
Cross-border criminal defense team’s approach:
- Mainland China lawyer:
The mainland legal team efficiently conducted the investigation, compilation, and preservation of mainland evidence while simultaneously applying Hong Kong evidentiary rules. This ensured that the bail-related evidence—such as Mr. A’s stable residential address, guarantor information, and financial strength—was accepted by the High Court of Hong Kong, and that exculpatory evidence in Mr. A’s possession, including WeChat chat records and bank transaction statements, was likewise admitted by the Hong Kong courts.
- Hong Kong solicitor:
The Hong Kong criminal defense counsel worked closely with the mainland legal team, holding multiple working meetings with Mr. A to ensure thorough preparation. While awaiting the scheduling of the hearing, the legal team had already completed the collection, organization, and analysis of evidence in support of a not‑Innocent Defense, focusing on the key lines of argument for establishing innocence, adopting a balanced strategy of offense and defense, and safeguarding Mr. A’s legitimate litigation rights.
Among them, the Hong Kong legal defense team comprises Hong Kong barristers, solicitors, and registered foreign lawyers practicing in Hong Kong.
- Mainland Chinese lawyers and Hong Kong-registered foreign lawyers collaborate closely:
Conduct investigations and gather evidence in mainland China concerning defense witnesses, collecting evidence favorable to Client A for use in the Hong Kong litigation; conduct due diligence on company information and parties with interests in this case in mainland China, providing the mainland‑sourced corporate data to Hong Kong solicitors and barristers; collect and review WeChat chat records, and, if necessary, visit Tencent to obtain relevant electronic data; initiate new civil litigation in mainland China to establish Client A's innocence; together with Hong Kong solicitors, visit Client A at the Hong Kong detention center to bridge the information gap and provide legal services under the laws of the People's Republic of China.
Three
The Practice Advantages of Dual-License Lawyers and the Advantages of Guangdong Lawyers Expanding Overseas
It is undeniable that the public security forces in mainland China are among the best, both in terms of law enforcement and investigative techniques. Hong Kong police stations also frequently seek assistance from mainland Chinese public security authorities in investigating cases. However, when it comes to resolving a major, complex cross-border criminal case involving Hong Kong and effectively safeguarding the rights and interests of either the victim or the defendant, relying solely on the law enforcement powers of the police in both jurisdictions is unlikely to yield an effective outcome.
The dual-qualified lawyer referred to in this article specifically denotes a lawyer from the People's Republic of China who holds a registered foreign lawyer's license in Hong Kong, meaning they are authorized to provide legal services related to mainland China within the Hong Kong region. As demonstrated by the practical case analysis above, dual-qualified lawyers, being legally authorized to practice in both jurisdictions, can provide clients with seamless legal services free from information asymmetry. They can not only collaborate closely with Hong Kong solicitors and barristers to ensure effective communication but also, leveraging their Hong Kong practicing privileges, obtain relevant judicial documents or evidentiary materials. These materials can then be used in mainland China proceedings through the notarization and authentication process.
However, it should be noted that not all evidentiary materials must be notarized and authenticated before they can be used; a differentiated approach is required in this regard.
Dual-qualified lawyers are authorized to represent clients in various cross-border matters and can therefore coordinate and address a client’s diverse legal needs.For example, it can both provide collaborative reporting services with Hong Kong police stations and furnish the parties involved with criminal complaint documents from mainland China. Information disclosed by Hong Kong police stations to foreign law firms registered in Hong Kong may be used in mainland China‑based cases to facilitate cross‑border judicial assistance in the production of evidence.
At this point, some may wonder: Isn’t there a significant risk involved when lawyers conduct investigations and gather evidence? In fact, professional risks have always been inherent to the practice of law. The very act of a lawyer vouching for the legality and authenticity of evidence requires considerable judicial wisdom and courage.
Guangdong lawyers who practice overseas as dual-qualified attorneys enjoy significant professional advantages, as follows:
1. Policy and geographical advantages
Currently, Guangdong’s foreign trade volume has surpassed the 9-trillion-yuan mark. We also know that Shenzhen is home to many renowned technology companies, such as 360 and DJI, among others. From a geographical perspective, in line with the policies of the Guangdong–Hong Kong–Macao Greater Bay Area, there are currently 533 lawyers from Hong Kong and Macao practicing within the region.
The pilot program for lawyers practicing in the Guangdong–Hong Kong–Macao Greater Bay Area allows Hong Kong and Macao lawyers to register in the region, become Greater Bay Area‑qualified lawyers, and then practice Chinese law within the area—marking a pioneering breakthrough. The second is the system for foreign lawyers registered in Hong Kong, which enables mainland Chinese lawyers to take their first step toward practicing abroad by practicing Chinese law in Hong Kong.
Encourage Chinese lawyers to expand internationally, fostering close cooperation between mainland China and the Hong Kong region.
2. Advantages of Overseas Chinese
Guangdong Province boasts the largest overseas Chinese diaspora in China, with 30 million overseas Chinese residing in over 160 countries and regions worldwide, including more than 80,000 Chinese-owned enterprises in Southeast Asia. Based on this data, it is evident that a substantial pool of potential clients exists overseas. By expanding their practice internationally, Guangdong-based lawyers can provide legal services to the extensive community of overseas Chinese chambers of commerce, which represents a highly promising avenue for business development.
3. Cantonese Advantage
Our Guangdong lawyers have the bilingual advantage of being proficient in both Cantonese and Mandarin. In Hong Kong, Cantonese is, in fact, one of the official languages used in legal contexts. In criminal trials in Hong Kong, approximately 75% are conducted in Cantonese, and police officers at Hong Kong police stations typically communicate with lawyers in Cantonese as well.
If you don’t understand Cantonese and only speak Mandarin, it is actually very difficult to communicate effectively with all parties in a Hong Kong court. Therefore, criminal lawyers who speak Cantonese will have a certain linguistic advantage when traveling to Hong Kong.
4. Advantages of Hong Kong in Stablecoin Issuance
We all know that Hong Kong’s stablecoin regulatory framework will officially come into effect on August 1, 2025. In the stablecoin and digital economy markets, how can Chinese criminal lawyers seize opportunities to expand overseas? By studying and adapting to the latest developments in the virtual currency market and gaining a thorough understanding of Hong Kong’s stablecoin regulatory framework, they can effectively penetrate the legal services market—making it a promising area for long-term investment.
Teachers at Southwest University of Political Science and Law are also closely following the issuance of stablecoins in Hong Kong, as well as the potential for China to achieve judicial breakthroughs in the regulation of virtual currencies as a result.
Our Guangdong criminal lawyers possess the following four advantages: geographical proximity, expertise in overseas Chinese affairs, proficiency in Cantonese, and a favorable environment for stablecoin issuance in Hong Kong.
Here, as a Guangdong‑born and -bred lawyer, I also call on more lawyers from Guangdong to take the lead in going global, to engage in the study of foreign-related criminal legal services, and to safeguard the interests of the nation and the Chinese people! The law is not static; we need more legal professionals with expertise in international affairs to join the wave of Chinese enterprises going global. Through continuous judicial practice and professional development, they must constantly refine and update their knowledge, identify and articulate the challenges they encounter in practice, and contribute scholarly insights to advance legal innovation—thereby better serving society and giving back to our country.
Four
Conclusion
In Hong Kong, there are currently as many as 517 lawyers holding dual qualifications, among whom 45 practice at the Hong Kong firm Zhiheng. To effectively leverage the professional advantages of dual-qualified lawyers, enable them to expand from Hong Kong onto the international stage, and achieve more effective judicial assistance or mutual legal cooperation in cross-border criminal cases, we still need to make greater efforts and conduct further research.
At the same time, I would like to express my sincere gratitude to the Guangdong Provincial Department of Justice and the Guangdong Lawyers Association for continuing to organize such forward-looking training programs for lawyers, which have made a significant contribution to enhancing the quality of foreign-related criminal legal services provided by Guangdong’s legal profession!
1 Part 1, Section 2(1) of the Fugitive Offenders Ordinance
2 [Data Security Law of the People's Republic of China] Article 36 The competent authority of the People's Republic of China shall, in accordance with relevant laws and international treaties or agreements to which the People's Republic of China is a party, or on the principle of equality and mutual benefit, handle requests from foreign judicial or law enforcement agencies for the provision of data.
Without the approval of the competent authorities of the People's Republic of China, organizations and individuals within the territory of the People's Republic of China shall not provide data stored within the territory of the People's Republic of China to foreign judicial or law enforcement agencies.
Attorney · Profile
Attorney Mo Libing
Lawyer, Guangdong Zhiheng (Qianhai) Law Firm
Hong Kong Chi Heng Law Firm, Registered Foreign Lawyer (RFL) in Hong Kong
Personal Profile:
Attorney Mo Libing holds both a lawyer's license from the People's Republic of China and a Hong Kong registration as a foreign lawyer, enabling her to provide legal services under the laws of the People's Republic of China in Hong Kong. She is proficient in Cantonese and Mandarin, has studied criminal law and criminal procedure rules in both jurisdictions, and is well-versed in evidence rules for criminal cases under both the civil law and common law systems. She specializes in handling cross-border criminal cases involving Hong Kong.
Attorney Mo is both pragmatic and highly skilled. He has been repeatedly invited to deliver thematic presentations on Hong Kong‑related cross‑border legal matters at bar associations and law firms, covering topics such as, but not limited to: “Bail Application Procedures for Mainland Residents Accused of Crimes in Hong Kong,” “Procedures for Recovering Assets of Victims in Cross‑Border Criminal Cases,” “An Overview of Legal Representation Procedures in Hong Kong‑Related Cross‑Border Criminal Cases,” and “How Chinese Criminal Lawyers Can Expand Their Practice Internationally.”
Social positions:
Legal Assistant to Members of the Standing Committee of the Shenzhen Municipal People’s Congress
Member of the Professional Committee on Defense of Official Crime, Shenzhen Lawyers Association
Member, Lawyers’ Rights and Interests Protection Committee, Shenzhen Lawyers Association
Vice President, Alumni Association of Guangdong Police College
Cross-border legal service products:
Legal Services for Bail Applications in Hong Kong for Mainland Chinese Accused of Criminal Charges
Legal service product for lawyer visits within 48 hours of criminal detention of mainland Chinese nationals in Hong Kong
Legal service product for reporting overseas criminal fraud cases involving Chinese mainland residents
Legal services provided to mainland Chinese nationals detained or serving sentences in Hong Kong.
Legal product for civil litigation in both jurisdictions concerning cross-border cases involving the intersection of criminal and civil law
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