【简介】感谢网友“雕龙文库”参与投稿，这里小编给大家分享一些，方便大家学习。
The case of Yan Suiling and how $2 million worth of Chinese money ended up in Hong Kong offers a look at how the former British colony serves as a legal safe haven for getting wealth out of Chinese mainland.
严穗陵一案以及价值200万美元的人民币最终如何流入香港让我们得以近观一个现象，即香港这个前英国殖民地如何成为资金流出中国内地的合法避风港。
Ms. Yan, who was convicted in Hong Kong in 2010 of money laundering and spent time in a Hong Kong prison, was exonerated earlier this year based on her argument that her actions while illegal under Chinese law are legal in Hong Kong. (See the appeals decision here.)
严穗陵2010年在香港被判洗钱罪名成立，并在香港一家监狱服刑。今年早些时候她被免除了这一罪名，因为她提出，其行为虽然根据内地法律属于违法，但在香港是合法的。
She was moving money across the border using an underground money transfer agency, a type of institution that is illegal on the mainland. But Hong Kong's highest courts view these operators ─ sometimes known as remittance agents ─ as a legal part of the free-market fabric of the former British colony, where capital movements are almost completely unfettered.
严穗陵通过一家地下钱庄将资金从内地转移出境。在中国内地，运营地下钱庄属非法行为，但香港高等法院认为这些地下钱庄（有时也被称作汇款代理人）是香港这个前英国殖民地自由市场体系的合法组成。在香港，资本流动几乎不受约束。
Chinese individuals have been sending money abroad on a grand scale lately, $225 billion over the past year, according to Wall Street Journal calculations of government trade, foreign exchange and investment statistics. Capital control regulations on the mainland, however, forbid individuals from moving more than $50,000 out per year. It's a rule that's often evaded
《华尔街日报》根据政府有关贸易、外汇和投资的统计数据计算发现，近来内地个人向境外汇款的规模越来越大，去年达到2,250亿美元。但中国内地的资本管制条例规定，个人一年向境外汇出的资金数量不得超过5万美元。人们常常逃避这一规定。
Hong Kong, with a legal and financial system separate from the mainland, is a key place to get around that limit, according to Simon Young director at the Centre for Comparative and Public Law at Hong Kong University. Ms. Yan's case shows how. Ms. Yan declined to comment through her lawyers. The details from the case were gleaned through Hong Kong court documents (including the original 2010 lower court ruling.)
据香港大学比较法与公法研究中心(Centre for Comparative and Public Law at Hong Kong University)总监杨艾文(Simon Young)介绍，由于香港法律和金融体系与内地不同，香港因此成为绕开上述限制的一个重要地点。严穗陵一案正是体现了这一点。严穗陵通过其律师拒绝置评。有关此案的具体细节是记者通过香港法院文件搜集到的（其中包括初等法院2010年对此案的裁决）。
Ms. Yan, trained as an accountant, made a small fortune in southern China selling insurance, Amway products and owning three restaurants with her mother in Guangzhou, according to a summary of facts presented by the judges who decided the appeal, based on evidence provided at trial by prosecutors and defense lawyers. She wanted to get some of her money abroad, specifically to invest in the Hong Kong stock market, according to evidence presented by her attorneys.
上诉法院法官陈述的事实摘要显示，科班会计出身的严穗陵在华南地区通过卖保险、安利(Amway)产品并与母亲在广州经营三家餐馆发了点小财。这些摘要是基于检察官和辩护律师在庭审时提供的证据汇集而成。严穗陵的律师提交的证据显示，她想将部分资金汇出境，尤其是想投资香港的股票市常
That makes her like many Chinese seeking higher returns for their money. Interest rates are low in China, the stock market continues to underperform and there's little choice in what to invest in.
在这一点上，严穗陵同很多试图寻求更高回报的中国人一样。中国内地的利率较低，内地股市持续表现不佳，内地居民并没有多少投资选择。
She inquired at her local mainland bank, Shenzhen City Commercial Bank, how to get the money out, according to evidence her lawyers presented at trial. Her banker, Ting Chi Ming, helped her with a number of transfers. He then referred her to his wife, Chu Kwan Kwan, identified in the Hong Kong court documents as 'Madam Chu.'
严穗陵的律师在庭审时提交的证据显示，她就如何将资金汇出境一事咨询了她在内地的银行深圳市商业银行。银行客户经理Ting Chi Ming帮她转移了数次资金。后来Ting Chi Ming将严穗陵介绍给自己的妻子Chu Kwan Kwan。香港法院文件将Chu Kwan Kwan称作Madam Chu。
Neither Mr. Ting nor Ms. Chu could be reached for comment. Representatives for Ping An Insurance (Group) Co. of China, which acquired Shenzhen Commercial Bank in 2007, didn't respond to requests for comment. None of the three appeared or testified at trial, and none were charged with wrongdoing in the Hong Kong court.
记者无法联系Ting Chi Ming或Chu Kwan Kwan置评。2007年收购深圳市商业银行的中国平安保险（集团）股份有限公司(Ping An Insurance (Group) Co. of China)的代表没有回复记者的置评请求。Ting Chi Ming、Chu Kwan Kwan和深圳市商业银行三方在庭审时均未露面或出庭作证，在香港法院均未遭到犯罪指控。
Ms. Chu ran an underground bank, according to defense evidence cited by the Hong Kong judges, an operation that they said would match people who wanted to bring money into China illegally with those who wanted to get it out illegally. These strangers would deposit money in each other's accounts ─ one inside China, the other in Hong Kong. Money doesn't actually cross the border, making it difficult for regulators to track.
据香港法官援引的辩方提交的证据显示，Chu Kwan Kwan经营一家地下钱庄。法官说，这家钱庄会将希望把资金非法汇入中国的客户和那些希望把资金非法汇出中国的客户进行匹配。每一方都会在彼此账户存入资金，其中一个户头在内地，一个在香港。由于资金没有实际跨境，因此监管机构难以追踪资金走向。
In one of Ms. Yan's transactions, Ms. Chu directed her to deposit 3 million yuan (roughly $480,000) into a mainland bank account in the name of a stranger, also a client of Ms. Chu's, the court said.
法院说，在严穗陵操作的一笔交易中，Chu Kwan Kwan指示她将人民币300万元（约合48万美元）以一个陌生人的名义存入内地一家银行。这个陌生人也是Chu Kwan Kwan的客户。
The same day, another stranger deposited checks worth the same amount that Ms. Yan had deposited on the mainland, converted into Hong Kong dollars, into an account Ms. Yan owned at an HSBC branch in Hong Kong. HSBC, which hasn't been accused of wrongdoing, declined to comment.
同一天，这位陌生人将相当于人民币300万元的港元支票存入严穗陵在汇丰银行(HSBC)香港分支机构的账户上。汇丰银行不予置评，该行未被指控不当行为。
Funds don't actually cross the border, but the clients essentially moved money from one jurisdiction to the other, evading the $50,000 limit.
这笔资金实际上并没有跨境，但两边客户实际上将资金从一个司法管辖区转移至另一个，规避了上述5万美元的汇出限制。
From 2007 through 2010, Ms. Yan sent more than US$2 million to Hong Kong to invest in the stock market through this method, according to the court documents.
法庭文件显示，从2007年到2010年，严穗陵通过这种方法汇出逾200万美元到香港以投资股市。
Ms. Yan got caught up in a criminal morass when one of the checks deposited into her Hong Kong HSBC account turned out to be the proceeds from a mortgage fraud. Using false identification, an unidentified 'rogue,' according to court documents, took out a US$1 million mortgage for an apartment at the luxury Bel Air complex in Hong Kong that was actually owned by someone else. Some of that money ended up in Ms. Yan's account.
严穗陵陷入刑事案件困境是因为，存入其香港汇丰银行户头的一张支票是一起抵押贷款欺诈案的非法所得。法庭文件显示，一位身份不明的“混混利用伪造的身份证明，以香港豪华社区贝沙湾(Bel Air)一套公寓为抵押，获得了100万美元贷款，但这套公寓实际上属于另一个人。这笔资金的一部分最后出现在了严穗陵的户头上。
Hong Kong law enforcement arrested Ms. Yan in Hong Kong. Under Hong Kong law, prosecutors didn't have to prove that Ms. Yan knew about the mortgage fraud directly, only that a reasonable person should have figured the money was from a tainted source. In fact, prosecutors didn't present evidence that she knew about the mortgage fraud. She claimed she wasn't involved and the transactions were legitimate.
香港执法机关在香港逮捕了严穗陵。根据香港法律，检方不必证明严穗陵直接知晓抵押贷款欺诈案的内情，只要证明一个理智的人应该觉察出资金来源有问题即可。事实上，检方没有提交证据证明严穗陵了解这起抵押贷款欺诈案的内情。严穗陵声称她没有参与欺诈，并说交易是合法的。
She was convicted and served 18 months in a Hong Kong prison.
严穗陵被法院定罪，并在香港一家监狱服刑18个月。
Her lawyers appealed and eventually won. Their argument: She shouldn't have known it was ill-gotten gains from the mortgage fraud because she thought it was from the underground banking transaction she arranged. And she had the bank records to prove it.
严穗陵的律师提出上诉并最终获胜。他们的论点是：严穗陵不可能知道这是来自抵押贷款欺诈的非法资金，因为她认为这是和她进行地下钱庄交易的另一方汇入的资金。严穗陵有银行记录证明这一点。
Hong Kong's Court of Final Appeal, its highest court, agreed with the argument, saying it was 'not surprising' that she would 'find it necessary' to use an underground bank in order to invest in Hong Kong's stock market.
香港终审法院同意了这一论点，称严穗陵“感到有必要利用地下钱庄以投资香港股市“并不令人意外。
Though using the underground bank is illegal on the mainland, it is legal in Hong Kong. Under Hong Kong law, money laundering can be prosecuted only if the underlying crime that generated the money is a crime in Hong Kong, such as drug dealing or human trafficking. Because operating an underground money transfer operation isn't illegal in Hong Kong, there was no underlying crime to prosecute Ms. Yan.
虽然利用地下钱庄的服务在中国内地属非法行为，但这在香港是合法的。根据香港法律，检方只有在所涉资金系法庭认定的犯罪行为（如毒品交易或贩卖人口）所得时才会对洗钱提出指控。由于经营地下钱庄在香港不属非法行为，因此不存在可以起诉严穗陵的犯罪事实。
'It shows the inadequacies of our money laundering criminal offense and raises policy issues of what we do with underground banking,' says Mr. Young, of Hong Kong University.
香港大学的杨艾文说，这起案件显示出我们在定义洗钱这一犯罪行为时存在的不足，也提出了一个“我们该如何对待地下钱庄的政策问题。
He adds: 'When you have such a developed financial system, it's inevitable that money flows, and it's very difficult to tell what is tainted money and what is not.'
杨艾文又说，在一个高度发达的金融体系中，资金的流动不可避免。很难辨别哪些资金存在问题、哪些资金又是干净的。
The case of Yan Suiling and how $2 million worth of Chinese money ended up in Hong Kong offers a look at how the former British colony serves as a legal safe haven for getting wealth out of Chinese mainland.
严穗陵一案以及价值200万美元的人民币最终如何流入香港让我们得以近观一个现象，即香港这个前英国殖民地如何成为资金流出中国内地的合法避风港。
Ms. Yan, who was convicted in Hong Kong in 2010 of money laundering and spent time in a Hong Kong prison, was exonerated earlier this year based on her argument that her actions while illegal under Chinese law are legal in Hong Kong. (See the appeals decision here.)
严穗陵2010年在香港被判洗钱罪名成立，并在香港一家监狱服刑。今年早些时候她被免除了这一罪名，因为她提出，其行为虽然根据内地法律属于违法，但在香港是合法的。
She was moving money across the border using an underground money transfer agency, a type of institution that is illegal on the mainland. But Hong Kong's highest courts view these operators ─ sometimes known as remittance agents ─ as a legal part of the free-market fabric of the former British colony, where capital movements are almost completely unfettered.
严穗陵通过一家地下钱庄将资金从内地转移出境。在中国内地，运营地下钱庄属非法行为，但香港高等法院认为这些地下钱庄（有时也被称作汇款代理人）是香港这个前英国殖民地自由市场体系的合法组成。在香港，资本流动几乎不受约束。
Chinese individuals have been sending money abroad on a grand scale lately, $225 billion over the past year, according to Wall Street Journal calculations of government trade, foreign exchange and investment statistics. Capital control regulations on the mainland, however, forbid individuals from moving more than $50,000 out per year. It's a rule that's often evaded
《华尔街日报》根据政府有关贸易、外汇和投资的统计数据计算发现，近来内地个人向境外汇款的规模越来越大，去年达到2,250亿美元。但中国内地的资本管制条例规定，个人一年向境外汇出的资金数量不得超过5万美元。人们常常逃避这一规定。
Hong Kong, with a legal and financial system separate from the mainland, is a key place to get around that limit, according to Simon Young director at the Centre for Comparative and Public Law at Hong Kong University. Ms. Yan's case shows how. Ms. Yan declined to comment through her lawyers. The details from the case were gleaned through Hong Kong court documents (including the original 2010 lower court ruling.)
据香港大学比较法与公法研究中心(Centre for Comparative and Public Law at Hong Kong University)总监杨艾文(Simon Young)介绍，由于香港法律和金融体系与内地不同，香港因此成为绕开上述限制的一个重要地点。严穗陵一案正是体现了这一点。严穗陵通过其律师拒绝置评。有关此案的具体细节是记者通过香港法院文件搜集到的（其中包括初等法院2010年对此案的裁决）。
Ms. Yan, trained as an accountant, made a small fortune in southern China selling insurance, Amway products and owning three restaurants with her mother in Guangzhou, according to a summary of facts presented by the judges who decided the appeal, based on evidence provided at trial by prosecutors and defense lawyers. She wanted to get some of her money abroad, specifically to invest in the Hong Kong stock market, according to evidence presented by her attorneys.
上诉法院法官陈述的事实摘要显示，科班会计出身的严穗陵在华南地区通过卖保险、安利(Amway)产品并与母亲在广州经营三家餐馆发了点小财。这些摘要是基于检察官和辩护律师在庭审时提供的证据汇集而成。严穗陵的律师提交的证据显示，她想将部分资金汇出境，尤其是想投资香港的股票市常
That makes her like many Chinese seeking higher returns for their money. Interest rates are low in China, the stock market continues to underperform and there's little choice in what to invest in.
在这一点上，严穗陵同很多试图寻求更高回报的中国人一样。中国内地的利率较低，内地股市持续表现不佳，内地居民并没有多少投资选择。
She inquired at her local mainland bank, Shenzhen City Commercial Bank, how to get the money out, according to evidence her lawyers presented at trial. Her banker, Ting Chi Ming, helped her with a number of transfers. He then referred her to his wife, Chu Kwan Kwan, identified in the Hong Kong court documents as 'Madam Chu.'
严穗陵的律师在庭审时提交的证据显示，她就如何将资金汇出境一事咨询了她在内地的银行深圳市商业银行。银行客户经理Ting Chi Ming帮她转移了数次资金。后来Ting Chi Ming将严穗陵介绍给自己的妻子Chu Kwan Kwan。香港法院文件将Chu Kwan Kwan称作Madam Chu。
Neither Mr. Ting nor Ms. Chu could be reached for comment. Representatives for Ping An Insurance (Group) Co. of China, which acquired Shenzhen Commercial Bank in 2007, didn't respond to requests for comment. None of the three appeared or testified at trial, and none were charged with wrongdoing in the Hong Kong court.
记者无法联系Ting Chi Ming或Chu Kwan Kwan置评。2007年收购深圳市商业银行的中国平安保险（集团）股份有限公司(Ping An Insurance (Group) Co. of China)的代表没有回复记者的置评请求。Ting Chi Ming、Chu Kwan Kwan和深圳市商业银行三方在庭审时均未露面或出庭作证，在香港法院均未遭到犯罪指控。
Ms. Chu ran an underground bank, according to defense evidence cited by the Hong Kong judges, an operation that they said would match people who wanted to bring money into China illegally with those who wanted to get it out illegally. These strangers would deposit money in each other's accounts ─ one inside China, the other in Hong Kong. Money doesn't actually cross the border, making it difficult for regulators to track.
据香港法官援引的辩方提交的证据显示，Chu Kwan Kwan经营一家地下钱庄。法官说，这家钱庄会将希望把资金非法汇入中国的客户和那些希望把资金非法汇出中国的客户进行匹配。每一方都会在彼此账户存入资金，其中一个户头在内地，一个在香港。由于资金没有实际跨境，因此监管机构难以追踪资金走向。
In one of Ms. Yan's transactions, Ms. Chu directed her to deposit 3 million yuan (roughly $480,000) into a mainland bank account in the name of a stranger, also a client of Ms. Chu's, the court said.
法院说，在严穗陵操作的一笔交易中，Chu Kwan Kwan指示她将人民币300万元（约合48万美元）以一个陌生人的名义存入内地一家银行。这个陌生人也是Chu Kwan Kwan的客户。
The same day, another stranger deposited checks worth the same amount that Ms. Yan had deposited on the mainland, converted into Hong Kong dollars, into an account Ms. Yan owned at an HSBC branch in Hong Kong. HSBC, which hasn't been accused of wrongdoing, declined to comment.
同一天，这位陌生人将相当于人民币300万元的港元支票存入严穗陵在汇丰银行(HSBC)香港分支机构的账户上。汇丰银行不予置评，该行未被指控不当行为。
Funds don't actually cross the border, but the clients essentially moved money from one jurisdiction to the other, evading the $50,000 limit.
这笔资金实际上并没有跨境，但两边客户实际上将资金从一个司法管辖区转移至另一个，规避了上述5万美元的汇出限制。
From 2007 through 2010, Ms. Yan sent more than US$2 million to Hong Kong to invest in the stock market through this method, according to the court documents.
法庭文件显示，从2007年到2010年，严穗陵通过这种方法汇出逾200万美元到香港以投资股市。
Ms. Yan got caught up in a criminal morass when one of the checks deposited into her Hong Kong HSBC account turned out to be the proceeds from a mortgage fraud. Using false identification, an unidentified 'rogue,' according to court documents, took out a US$1 million mortgage for an apartment at the luxury Bel Air complex in Hong Kong that was actually owned by someone else. Some of that money ended up in Ms. Yan's account.
严穗陵陷入刑事案件困境是因为，存入其香港汇丰银行户头的一张支票是一起抵押贷款欺诈案的非法所得。法庭文件显示，一位身份不明的“混混利用伪造的身份证明，以香港豪华社区贝沙湾(Bel Air)一套公寓为抵押，获得了100万美元贷款，但这套公寓实际上属于另一个人。这笔资金的一部分最后出现在了严穗陵的户头上。
Hong Kong law enforcement arrested Ms. Yan in Hong Kong. Under Hong Kong law, prosecutors didn't have to prove that Ms. Yan knew about the mortgage fraud directly, only that a reasonable person should have figured the money was from a tainted source. In fact, prosecutors didn't present evidence that she knew about the mortgage fraud. She claimed she wasn't involved and the transactions were legitimate.
香港执法机关在香港逮捕了严穗陵。根据香港法律，检方不必证明严穗陵直接知晓抵押贷款欺诈案的内情，只要证明一个理智的人应该觉察出资金来源有问题即可。事实上，检方没有提交证据证明严穗陵了解这起抵押贷款欺诈案的内情。严穗陵声称她没有参与欺诈，并说交易是合法的。
She was convicted and served 18 months in a Hong Kong prison.
严穗陵被法院定罪，并在香港一家监狱服刑18个月。
Her lawyers appealed and eventually won. Their argument: She shouldn't have known it was ill-gotten gains from the mortgage fraud because she thought it was from the underground banking transaction she arranged. And she had the bank records to prove it.
严穗陵的律师提出上诉并最终获胜。他们的论点是：严穗陵不可能知道这是来自抵押贷款欺诈的非法资金，因为她认为这是和她进行地下钱庄交易的另一方汇入的资金。严穗陵有银行记录证明这一点。
Hong Kong's Court of Final Appeal, its highest court, agreed with the argument, saying it was 'not surprising' that she would 'find it necessary' to use an underground bank in order to invest in Hong Kong's stock market.
香港终审法院同意了这一论点，称严穗陵“感到有必要利用地下钱庄以投资香港股市“并不令人意外。
Though using the underground bank is illegal on the mainland, it is legal in Hong Kong. Under Hong Kong law, money laundering can be prosecuted only if the underlying crime that generated the money is a crime in Hong Kong, such as drug dealing or human trafficking. Because operating an underground money transfer operation isn't illegal in Hong Kong, there was no underlying crime to prosecute Ms. Yan.
虽然利用地下钱庄的服务在中国内地属非法行为，但这在香港是合法的。根据香港法律，检方只有在所涉资金系法庭认定的犯罪行为（如毒品交易或贩卖人口）所得时才会对洗钱提出指控。由于经营地下钱庄在香港不属非法行为，因此不存在可以起诉严穗陵的犯罪事实。
'It shows the inadequacies of our money laundering criminal offense and raises policy issues of what we do with underground banking,' says Mr. Young, of Hong Kong University.
香港大学的杨艾文说，这起案件显示出我们在定义洗钱这一犯罪行为时存在的不足，也提出了一个“我们该如何对待地下钱庄的政策问题。
He adds: 'When you have such a developed financial system, it's inevitable that money flows, and it's very difficult to tell what is tainted money and what is not.'
杨艾文又说，在一个高度发达的金融体系中，资金的流动不可避免。很难辨别哪些资金存在问题、哪些资金又是干净的。
