Legislation and Guidelines
The following laws, regulations, guidelines, recommendations, etc, are worth referencing for all Money Service Operators in Hong Kong, especially Chapter 34 and Chapter 615, Laws of Hong Kong, and Guideline on Anti-Money Laundering and Counter-Terrorist Financing (For Money Service Operators). These are closely related to daily operations of the money services industry. This Association suggests that counterparts should familiar with the following legislations to avoid violating laws.
Guidelines
- Hong Kong Customs and Excise Department – Money Service Operators Licensing Guide (August 2021)
- Hong Kong Customs and Excise Department – Supplementary Guideline on Criteria for Determining Fitness and Propriety (January 2020)
- Hong Kong Customs and Excise Department – Guidelines for Submission of AML/CFT Policy by Applicant for Money Service Operator Licence/License (December 2019)
- Hong Kong Customs and Excise Department – Guideline on Anti-Money Laundering and Counter- Financing of Terrorism (For Money Service Operators) (November 2018)
- Hong Kong Customs and Excise Department – Money Service Operators Disciplinary Fining Guideline (May 2018)
- Hong Kong Customs and Excise Department – Disciplinary Action Guidelines as to the Imposition of a Pecuniary Penalty (April 2018)
- Hong Kong Customs and Excise Department – Money Service Operators Guidelines on Criteria for Determining Fitness and Propriety (April 2018)
- Hong Kong Customs and Excise Department – Guidelines for Submission of Business Plan by Applicant for Money Service Operator Licence/Licensee
- Hong Kong Customs and Excise Department & Communications Authority – Enforcement Guidelines for the Trade Descriptions (Unfair Trade Practices) (Amendment) Ordinance 2012 (July 2013)
- Hong Kong Securities and Futures Commission – Guideline on Anti-Money Laundering and Counter-Terrorist Financing (November 2018)
- Hong Kong Monetary Authority – Guideline on Anti-Money Laundering and Counter-Terrorist Financing (For Authorized Institutions) (October 2018)
Legislations
- Chapter 34: Money Changers Ordinance, Laws of Hong Kong
- Chapter 362: Trade Descriptions Ordinance, Laws of Hong Kong
- Chapter 405: Drug Trafficking (Recovery of Proceeds) Ordinance, Laws of Hong Kong
- Chapter 405A: Drug Trafficking (Recovery of Proceeds) (Designated Countries and Territories) Order, Laws of Hong Kong
- Chapter 455: Organized and Serious Crimes Ordinance, Laws of Hong Kong
- Chapter 526: Weapons of Mass Destruction (Control of Provision of Services) Ordinance, Laws of Hong Kong
- Chapter 537: United Nations Sanctions Ordinance, Laws of Hong Kong
- Chapter 575: United Nations (Anti-Terrorism Measures) Ordinance, Laws of Hong Kong
- Chapter 615: Anti-Money Laundering and Counter-Terrorist Financing Ordinance, Laws of Hong Kong
- Chapter 622: Companies Ordinance, Laws of Hong Kong
- Chapter 629: Cross-boundary Movement of Physical Currency and Bearer Negotiable Instruments Ordinance, Laws of Hong Kong
Others
- FATF – Guidance for a Risk-Based Approach to Virtual Assets and Virtual Asset Service Providers(June 2019)
- Hong Kong’s Money Laundering and Terrorist Financing Risk Assessment Report(April 2018)
- The Financial Action Task Force (FATF) issued Forty Recommendations on money laundering. (Source: Financial Action Task Force (FATF) website)
- Revised FATF Recommendations (February 2012) (updated in June 2019)
- For the following laws and regulations of the People’s Republic of China, please refer to the Chinese Central Government’s Official Web Portal
- Anti-Money Laundering Law of the People’s Republic of China
- Provisions on Anti-money Laundering through Financial Institutions
- Administrative Measures for Financial Institutions’ Report of Transactions Suspected of Financing for Terrorist Purposes
- Administrative Measures for the Financial Institutions’ Report of Large-sum Transactions and Doubtful Transactions
- Hong Kong Customs and Excise Department – Guidance Notes on the Competence Assessment for Money Service Operators (March 2021)
尋求協助及解答疑難
有關金錢服務經營者問題：
香港海關
金錢服務監理科
電話：(852) 2707 7837
傳真：(852) 2707 7838
電郵：msoenquiry@customs.gov.hk
郵寄：九龍九龍灣臨樂街19號南豐商業中心12樓1218-1222室
有關打擊洗黑錢發恐怖分子籌資活動的法例或有責任舉報可疑交易：
聯合財富情報組
電話：(852) 2866 3366
傳真：(852) 2529 4013
電郵：jfiu@police.gov.hk
郵寄：香港郵政總局信箱6555號