London Daily

Focus on the big picture.
Wednesday, Nov 19, 2025

Under what circumstances can Hong Kong banks freeze your accounts?

Under what circumstances can Hong Kong banks freeze your accounts?

Cases involving former opposition lawmaker and church spark concern over confidence in city’s financial institutions.

The freezing of bank accounts belonging to individuals and a church in Hong Kong over last year’s anti-government protests has sent a ripple effect through the sector, with critics warning investor confidence may be affected in a city renowned for its position as a financial centre.

Accounts under HSBC, Hang Seng Bank and the Bank of China belonging to self-exiled former opposition lawmaker Ted Hui Chi-fung and his family were frozen over the weekend, locking up HK$850,000 (US$109,000).

Hui was accused by police of misappropriating money from a crowdfunding campaign, and saw his bank account, along with those of his parents and wife, frozen after he fled to Britain by way of Denmark last week, jumping bail on a raft of criminal charges related to last year’s protest movement.


Former opposition lawmaker Ted Hui.


Separately, at least three HSBC accounts affiliated with the Good Neighbour North District Church have been frozen, a move the organisation called an “act of political retaliation” for its support for protesters during last year’s social unrest.

Police said they were investigating the church over money-laundering and fraud charges, involving how it had received HK$27 million in donations over more than a year but only publicly declared less than a third of the amount.

The church ran a ministry known as “Protect the Children”, which mediated between police and protesters with a bid to de-escalate protest tensions. The church account, and those of pastor Roy Chan Hoi-hing and his wife – who were on sabbatical in Britain – were frozen.

Both Hui and Chan’s cases stemmed from police’s instructions to the banks as part of investigations into allegations of money laundering and misappropriation.

Both men said they found out about their locked accounts from overseas, with no prior notification given. They demanded explanations from HSBC.

The banking giant was also embroiled in another high-profile investigation last year over money laundering and crowdfunding allegations against fundraising platform Spark Alliance HK in December. The platform was known for financing protesters.

Simon Lee Siu-po, co-director of the international business and Chinese enterprise programme at Chinese University, said the recent events involving banks had dealt a severe blow to Hong Kong as a global financial hub.

“These incidents have greatly undermined investor confidence in Hong Kong’s banking sector. Investors will have second thoughts on whether to put their money in Hong Kong as they may fear their assets will be easily frozen by banks under the national security law,” he said.

The Post looks at the implications and possible consequences of asset freezing by Hong Kong banks.


Pastor Roy Chan from the Good Neighbour North District Church in Hong Kong.


When can banks freeze assets, and can they reject police’s request to lock accounts?


Procedures for freezing assets are available under the Organised and Serious Crimes Ordinance (OSCO), the Drug Trafficking (Recovery of Proceeds) Ordinance, and the Mutual Legal Assistance in Criminal Matters Ordinance. Under the laws, Hong Kong police have powers to apply to court for a restraint order to freeze accounts suspected of being linked to crime proceeds.

Under the OSCO and with regard to money laundering, an obligation on all financial institutions is imposed, requiring them to file a “suspicious transaction” report to the Joint Financial Intelligence Unit (JFIU), without tipping off the account holder, over any funds exchange considered to be questionable.

Those failing to comply with this reporting mechanism are subject to a fine of up to HK$50,000 and three months imprisonment.

After receipt of the report the JFIU may then issue a “no consent” letter directing the bank that it does not have consent to deal with the account in question.

The JFIU will then pass the report to police for follow-up.

The bank, in practice, will not deal further with the transaction under the suspected account, which is akin to the funds being frozen.

If a bank receives a letter from police stating that the client is involved in a criminal investigation and it should provide assistance, the bank would normally file a report to JFIU, to avoid running afoul of the law.

Separately, under the implementation rules for Article 43 of the national security law, the secretary for security may issue a written notice to freeze assets if authorities have “reasonable grounds” to suspect the property is related to an offence endangering national security. Additionally, the secretary for justice may apply for a restraining order or charging order to the Court of First Instance to confiscate or forfeit such property.

A finance sector insider said a bank would be allowed to take action itself against accounts suspected of irregularities.

What appeal channels do asset holders have if they find their accounts frozen?


Under the “no-consent” mechanism of OSCO, account holders can bring civil proceedings against the bank if dissatisfied.

They can also seek compensation from the government for withholding their property under various terms, including if a disclosure has been made in relation to that property, no proceeding is instituted against the person holding the property, and that there has been some serious default in the investigation or prosecution.

What are international banking practices on the freezing of assets?


In Britain, if a bank suspects that a person’s account is being used to commit crime or money laundering, it will make a suspicious activity report to the National Crime Agency (NCA) who may investigate the individual. The account will be frozen and all related bills and standing orders stopped.

If the NCA believes the bank account is being used unlawfully, it will apply to the Magistrates’ Court for an order against the person to freeze that account for up to two years and the case will be handed over to police for investigation.

Police can further apply for the funds to be forfeited if they can show proof of criminal property.

In the United States, banks have the authority and discretion to freeze accounts if they suspect clients of conducting illegal activities. Banking regulations in the US became stricter after the September 11 terrorist attacks to crack down on criminal enterprises that use financial institutions to conduct their businesses.

US banks routinely monitor accounts for suspicious activity such as money laundering, where massive funds generated from criminal activity are deposited into bank accounts and moved around. Suspected terrorist financing is also another reason why US banks often freeze accounts.


If banks freeze accounts without legal grounds, how will Hong Kong’s status as a financial hub be affected?


Simon Shen Xu-hui, an international relations scholar at Chinese University, said on Facebook that protest cases involving banks as police crack down on groups across the city had taken a toll on financial institutions such as HSBC.

“HSBC obviously has become one of the biggest casualties,” he said, referring to what he saw as a loss of trust from Hongkongers in the banking giant.

He pointed out that HSBC was caught between a rock and a hard place as it was difficult for the bank to turn down police’s requests. However, he said the bank had apparently bowed to authorities out of fear of offending Beijing, and this turned off many people.

“As a result, its reputation in the international finance sector has been going downhill while it no longer wins the trust of Hongkongers,” he said.

An HSBC spokeswoman said the bank was unable to comment on specific cases, when asked about the action on Hui and Chan. The spokeswoman added HSBC had to comply with legislation, and directed media inquiries to the related law enforcement agency.

A senior banking executive with more than 30 years in the industry said he was surprised at the spate of frozen accounts on grounds of investigations into money laundering and crowdfunding, claiming the moves were politically motivated.

“While investigations go on, has anyone considered the implications on the confidence in the financial system?” he said on condition of anonymity.

What is the role of the Hong Kong Monetary Authority?


As the regulator of 164 banks in Hong Kong, the authority – the de facto central bank in the city – told the Post it was not involved in criminal investigations and that laws did not authorise it the power to freeze funds or property. Therefore, the authority has not issued any guidelines on such matters.

However, the city adopts standards and work arrangements on its anti-money-laundering framework, which the authority said were in line with international requirements and practice.

It said law enforcement agents were responsible for actions such as investigating crimes, as well as tracing, restricting and confiscating funds or property, while the authority’s role was to supervise the compliance of banks in laws and regulations.

For example, in terms of money laundering, the authority regulates banks by ensuring they comply with anti-money-laundering law by exercising due diligence on clients, and observing record-keeping requirements.

“The freezing of funds or property related to local or overseas criminal investigations is carried out by relevant law enforcement agents (such as police, customs or the Independent Commission Against Corruption) and the Department of Justice under the relevant laws,” the authority said. “Financial institutions are expected to cooperate with law enforcement agents on investigations.”

Newsletter

Related Articles

0:00
0:00
Close
Caribbean Reparations Commission Seeks ‘Mutually Beneficial’ Justice from UK
EU Insists UK Must Contribute Financially for Access to Electricity Market and Broader Ties
UK to Outlaw Live-Event Ticket Resales Above Face Value
President Donald Trump Hosts Saudi Crown Prince Mohammed bin Salman at White House to Seal Major Defence and Investment Deals
German Entertainment Icons Alice and Ellen Kessler Die Together at Age 89
UK Unveils Sweeping Asylum Reforms with 20-Year Settlement Wait and Conditional Status
UK Orders Twitter Hacker to Repay £4.1 Million Following 2020 High-Profile Breach
Popeyes UK Eyes Century Mark as Fried-Chicken Chain Accelerates Roll-out
Two-thirds of UK nurses report working while unwell amid staffing crisis
Britain to Reform Human-Rights Laws in Sweeping Asylum Policy Overhaul
Nearly Half of Job Losses Under Labour Government Affect UK Youth
UK Chancellor Reeves Eyes High-Value Home Levy in Budget to Raise Tens of Billions
UK Urges Poland to Choose Swedish Submarines in Multi-Billion € Defence Bid
US Border Czar Tom Homan Declares UK No Longer a ‘Friend’ Amid Intelligence Rift
UK Announces Reversal of Income Tax Hike Plans Ahead of Budget
Starmer Faces Mounting Turmoil as Leaked Briefings Ignite Leadership Plot Rumours
UK Commentator Sami Hamdi Returns Home After US Visa Revocation and Detention
UK Eyes Denmark-Style Asylum Rules in Major Migration Shift
UK Signals Intelligence Freeze Amid US Maritime Drug-Strike Campaign
TikTok Awards UK & Ireland 2025 Celebrates Top Creators Including Max Klymenko as Creator of the Year
UK Growth Nearly Stalls at 0.1% in Q3 as Cyberattack Halts Car Production
Apple Denied Permission to Appeal UK App Store Ruling, Faces Over £1bn Liability
UK Chooses Wylfa for First Small Modular Reactors, Drawing Sharp U.S. Objection
Starmer Faces Growing Labour Backlash as Briefing Sparks Authority Crisis
Reform UK Withdraws from BBC Documentary Amid Legal Storm Over Trump Speech Edit
UK Prime Minister Attempts to Reassert Authority Amid Internal Labour Leadership Drama
UK Upholds Firm Rules on Stablecoins to Shield Financial System
Brussels Divided as UK-EU Reset Stalls Over Budget Access
Prince Harry’s Remembrance Day Essay Expresses Strong Regret at Leaving Britain
UK Unemployment Hits 5% as Wage Growth Slows, Paving Way for Bank of England Rate Cut
Starmer Warns of Resurgent Racism in UK Politics as He Vows Child-Poverty Reforms
UK Grocery Inflation Slows to 4.7% as Supermarkets Launch Pre-Christmas Promotions
UK Government Backs the BBC amid Editing Scandal and Trump Threat of Legal Action
UK Assessment Mis-Estimated Fallout From Palestine Action Ban, Records Reveal
UK Halts Intelligence Sharing with US Amid Lethal Boat-Strike Concerns
King Charles III Leads Britain in Remembrance Sunday Tribute to War Dead
UK Retail Sales Growth Slows as Households Hold Back Ahead of Black Friday and Budget
Shell Pulls Out of Two UK Floating Wind Projects Amid Renewables Retreat
Viagogo Hit With £15 Million Tax Bill After HMRC Transfer-Pricing Inquiry
Jaguar Land Rover Cyberattack Pinches UK GDP, Bank of England Says
UK and Germany Sound Alarm on Russian-Satellite Threat to Critical Infrastructure
Former Prince Andrew Faces U.S. Congressional Request for Testimony Amid Brexit of Royal Title
BBC Director-General Tim Davie and News CEO Deborah Turness Resign Amid Editing Controversy
Tom Cruise Arrives by Helicopter at UK Scientology Fundraiser Amid Local Protests
Prince Andrew and Sarah Ferguson Face Fresh UK Probes Amid Royal Fallout
Mothers Link Teen Suicides to AI Chatbots in Growing Legal Battle
UK Government to Mirror Denmark’s Tough Immigration Framework in Major Policy Shift
UK Government Turns to Denmark-Style Immigration Reforms to Overhaul Border Rules
UK Chancellor Warned Against Cutting Insulation Funding as Budget Looms
UK Tenant Complaints Hit Record Levels as Rental Sector Faces Mounting Pressure
×