Hong Kong's Court of Final Appeal ("CFA") Unanimously Upholds The Letter Of Consent Regime

In January 2022 following the High Court's decision in Tam Sze Leung & Ors ("Applicants") v Commissioner of Police we wrote the article: 'Hong Kong's Letter Of No Consent Regime Declared To Be Ultra Vires The Organized & Serious Crimes Ordinance ("OSCO")'.

In May 2023 after the Police's successful outcome in the Court of Appeal we then wrote: 'Hong Kong's Old Letter Of Consent Regime To Return?'.

This article deals with the CFA's recent important judgment in the matter which unanimously dismissed all the Applicants' appeals. What the CFA held and how it reached its decision is particularly relevant to banks and we explain why.

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