Lloyd's Maritime and Commercial Law Quarterly
COMBATING INTERNATIONAL COMMERCIAL CRIME—A COMMONWEALTH PERSPECTIVE
Barry A. K. Rider.*
The topic of international commercial crime is a sensational one. Although it would be wrong to trivialize the subject by overdramatising it, the present author is firmly of the opinion that the existence of significant and sophisticated organized crime operations, involving inter alia economic crime, is one of the most serious problems that countries, both developed and developing, face today. The present devastation of the social, political and economic fabric of the developing world through, among other things, the phenomenon of international economic crime is hardly perceived, let alone acknowledged. It is the present author’s belief that there is compelling evidence that some national economies, primarily in the third world, are coming under such an attack from organized crime groups and those engaged in economic crime that their political institutions have been significantly weakened and corrupted. It is not without significance that the responsible institutions of regional and international co-operation have recognized this danger and called for urgent action. This very subject has been raised and debated in depth at the last three Commonwealth Law Ministers’ meetings and, subsequent to each discussion, the Ministers of Justice and Attorneys-General of almost a third of the world’s population have called for direct action as a matter of priority1.
In Great Britain, in recent years, we have increasingly recognized that our existing procedures for the detection, investigation and prosecution of serious commercial crime are less than adequate. There have been institutional changes, such as the development in the United Kingdom of the Fraud Investigation Group and the limited reorganization of the Director of Public Prosecutions Department2. There have been statutory amendments and new guidelines for investigators and prosecutors3. There have also been committees and reappraisals4. Although, no doubt, all this discussion is to be welcomed, there are few signs of anything positive having been achieved. This
* Fellow of Jesus College, Cambridge; Senior Visiting Fellow, Centre for Commercial Law Studies, Queen Mary College, London; President, British Institute of Securities Laws; Barrister. The views expressed in this article are those of the author and should not be attributed to the Commonwealth Secretariat.
1 See the communiques of the meetings of Commonwealth Law Ministers at Winnipeg, Canada, in 1977; Barbados in 1980; and Colombo, Sri Lanka, in 1983. Commonwealth Law Ministers and senior law officers have also expressed similar concern at various regional Commonwealth assemblies and in particular at the meeting of Attorneys-General of Small States held in the Isle of Man in July 1983. Reference should also be made to the report of the 7th Commonwealth Law Conference, held in Hong Kong in September 1983. The subject has been discussed at a number of other international meetings including the General Assembly of ICPO-Interpol, the United Nations Committee on Crime Prevention and Control and most recently at UNCTAD’s Ad Hoc Intergovernmental Group to Consider Means of Combating all Aspects of Maritime Fraud.
2 Note in particular the establishment of a permanent Fraud Investigation Group within the Director of Public Prosecutions’ Department, announced by the Chancellor of the Exchequer at Hansard (H.C.), 3rd July 1984, vol. 63, col. 89. See generally L. H. Leigh, The Control of Commercial Fraud (1982).
3 See, e.g., the Department of Trade’s Handbook of the Companies Inspection System (1980) and Criteria for Prosecution, a memorandum of The Law Officers of the United Kingdom to the Commonwealth Law Ministers’ meeting, Colombo, Sri Lanka, in 1983.
4 For example, the committee appointed to consider fraud trials under Lord Roskill was announced on 8th November 1983.
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