Opening
Address by the Hon Chief Justice at the Transnational Organized Crime Conference
Commissioner, Ladies and Gentlemen,
It is a great pleasure for me to be with you this morning to give the
opening address at a conference of such importance to the international rule of law. To
overseas delegates, I would like to extend a warm welcome to Hong Kong.
Only a few generations
ago, for the great majority of us, seeing the smoke rise from
the chimneys of the neighbouring village marked the limits
of our world. Today, however, sitting at our computers, we
are linked in a matter of moments to the rest of the globe.
The rapid advances in science and technology, the increasingly
free exchange of ideas between societies and the dynamic growth
in international trade have brought all of us closer together.
We talk today - without poetic licence - of living in a 'global
village'.
These advances have brought great benefits to the world community,
benefits secured by good-will and tolerance between jurisdictions and the recognition of
the critical role that the rule of law has to play not only in domestic but also in
international affairs. Regrettably, however - but perhaps inevitably - these advances have
also given rise to new threats.
Criminal groups - increasingly
linked across territorial borders - have embraced today's
globalized economy and the technological advances that go
with it. They have learned to exploit the differences in the
laws of one jurisdiction and another. Legitimate freedoms
offered by increasingly open borders and accessible markets
are distorted by them to further their illegal enterprises.
In the result, transnational organized crime today presents
a global challenge, one that can only be successfully met
with a global response.
The deliberations at this conference will be of the greatest
importance. For this conference will look specifically to continuing the critically
important task of forging a global alliance of policy makers and law enforcement agencies
which, through co-ordinated use of international agreements - both bi-lateral and
multi-lateral - and close co-ordination between agencies, aims to eliminate the threat
posed by transnational organized crime.
Hong Kong is privileged to be hosting a conference dedicated to such
a purpose and Hong Kong, in my view, is an entirely appropriate venue for it. Remember
that Hong Kong was created for reasons of international trade. It is today a leading
financial centre. Its harbour is one of the busiest in the world. It is a vibrant city
renowned for its energy and entrepreneurial spirit.
It is for these very reasons, however, that Hong Kong is so
vulnerable to the threat of transnational organized crime and why it must so actively
commit itself to combating that threat in all its manifestations. The hosting of this
conference is an expression of that commitment. It is also an indication - if one were
needed - that Hong Kong intends to remain a responsible partner in the global alliance of
which I have spoken.
Organized criminal activities of the kind that this conference will
consider may pay little heed to territorial boundaries. Their detrimental effect, however,
is experienced all too keenly in each jurisdiction touched by them. In seeking to protect
the world community, therefore, each jurisdiction is protecting itself. In this context,
the concept of territorial sovereignty is not at odds with the concept of universal
collaboration under the international rule of law. They are complimentary to each other.
It would be wrong, of course, to underestimate the threat posed to
the world community.
There is no need for me to spell out the terrible effects that the
international narcotics trade has on the societies affected by it nor the tragic
consequences of the reprehensible trade in human beings, particularly women and children,
whether for sexual exploitation or otherwise.
But the effect of dispersing the profits obtained from these
activities - and here I speak of money laundering - while perhaps less dramatic in terms
of human degradation, may nevertheless be equally profound. Evidence shows that, unless
checked, large in-flows of illicit funds into a jurisdiction, invariably erratic and
channelled towards high risk investments, not only distorts the financial markets of that
jurisdiction but undermines stable and sustained economic growth. To protect bad moneys
held within those markets, corruption increases. Unchecked, large in-flows of illegal
funds destroy the reputation of financial markets. The result is predictable. Bona fide
investors shy away and look elsewhere.
A new and ominous threat, one as yet not always fully understood,
is posed by computer-related crimes.
Computer-related crimes are diverse in nature. Fundamentally,
computer technology is used to commit what I may call traditional crimes but to commit
them in new ways, ways that are faster and more difficult to trace and to commit them
often from safe havens beyond the reach of the jurisdictions affected.
There are a number of areas in which computer-generated crimes have
raised deep concerns in the international community. One example is the use of computer
networks to distribute child pornography and other forms of illegal and offensive
materials, materials that can be disguised by electronic encryption, and distributed
around the world almost literally at the speed of light.
As financial markets increasingly employ cyberspace for the
movement of funds, so the risks of using computer technology to intercept and divert
transfers increases. Digital technology also lends itself to the reproduction of
counterfeit documents, to copyright piracy and to a broad range of frauds.
We are all aware of what some call computer vandalism, of computer
viruses - engineered invariably out of pure malice - that invade our computer systems and
destroy the data stored in them. It seems that so much damage can be caused
internationally with limited knowledge and so few resources. On a grander scale, when
aimed at the critical infrastructure of a jurisdiction, such activities can amount to a
form of terrorism.
Cyberspace does not recognize territorial boundaries. Organized
criminal syndicates wishing, for example, to distribute child pornography, seek out a safe
haven - a jurisdiction perhaps in which that activity is not criminal or is only loosely
policed - and with the use of computer technology beam the material to a dozen or more
jurisdictions where it is illegal.
Activities of this kind raise complex issues of jurisdiction and
matters collateral to it. They are issues which cannot always be resolved by relying upon
the strict wording of international conventions, agreements for mutual legal assistance
and the like without, in addition, seeking greater harmonization of laws and more
effective international co-operation.
Each jurisdiction - and quite properly so - must decide upon its
own laws in the interests of its own people. The world community must - and does -
recognize that the fight against international organized crime will be self-defeating
unless the freedoms guaranteed by the international rule of law are preserved. There is
therefore always a balance to be maintained. Legitimate state interests must always be
honoured. Nobody suggests that the forging of an effective global alliance against
transnational organized crime, one based on the rule of law, is an easy task.
But recent years have witnessed impressive advances. The will to
take decisive, co-ordinated action to defeat transnational organized crime is there. The
presence of so many distinguished delegates at this conference is evidence of that fact.
This conference, I am sure, will not only bring about greater understanding and
co-operation between the many jurisdictions that are represented here but will look to
bold new initiatives.
May I applaud you for your endeavours. May I also wish you an
enjoyable and productive conference.
18 March 2002
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