In an era of intensified cross-border regulatory scrutiny, managing white-collar crime risks in Mainland China is a top priority for international executives and financial institutions. Mr. Mao, a PRC Legal Counsel at YTL LLP and the Managing Partner of Beijing Dongwei Law Firm, is a recognized specialist in criminal defense counsel.

High-Level Recognition: A Specialist in PRC Criminal Defense

A landmark duty-related criminal defense case handled by Mr. Mao has been selected as the lead case in the Guidance on Trial of Official Misconduct (《职务犯罪审判指导》) (Vol. 4), published by the Second Criminal Division of the Supreme People’s Court of the PRC (SPC) (中国最高人民法院刑事审判第二庭).

Guidance on the Trial of Official Misconduct (《职务犯罪审判指导》)  is a professional guidance and research publication on the adjudication of official misconduct cases, published by the Second Criminal Trial Division of the Supreme People’s Court (中国最高人民法院刑事审判第二庭).  Guided by the editorial principles of grounding in practice, emphasizing practicality, prioritizing guidance, and reflecting authority, the publication consolidates the outcomes of trials and research through analyses of legal application, minutes of judges’ meetings, clarification of practical issues, and exchange of experiences, the publication consolidates the outcomes of trials and research, providing targeted and authoritative professional guidance and reference for criminal justice personnel handling cases of official misconduct.

The Case 

• Procedural Victory: Mr. Mao was instrumental in persuading the Guangdong High People’s Court (广东省高级人民法院) to conduct a rare oral hearing for the appeal.

• The Results: The case achieved a successful reversal at the second instance—a rare feat in the PRC criminal justice system.  Mr. Mao was instrumental in securing the successful reversal.  After reviewing the case files, and conducting investigative fieldwork, Mr. Mao identified significant issues in the first-instance trial concerning factual determinations, evidentiary rulings, procedural irregularities, and – most critically – the legal characterization of the case.  Mr. Mao successfully secured an oral hearing before the Guangdong Provincial Higher People’s court. The defense’s arguments regarding the legal characterization of the case were unanimously endorsed by both the prosecuting attorney from the Provincial Procuratorate (省检察院出庭检察员) and the judges at he Provincial Higher People’s Court (省高院合议庭).  At the end, it results in a full reversal of the lower court’s on appeal.

• Where it is reported:  The case was reported as Legal Characterization of the Act of Illegally Appropriating Stolen Goods During Smuggling Investigation (查缉走私过程中非法侵吞赃物的行为定性) Number 405 of the Guidance on Trial of Official Misconduct (《职务犯罪审判指导》) (Vol. 4) published by the Second Criminal Division of the Supreme People’s Court of the PRC (SPC) (中国最高人民法院刑事审判第二庭).

Bridging the Gap: Specialized Value for Global Clients

As a PRC criminal defense specialist, Mr. Mao offers Hong Kong and international clients indispensable support:

1. Criminal Defense: Strategic defense for executives facing criminal allegations in Mainland China.

2. Crisis Management: Coordinating with PRC judicial and administrative authorities during sensitive investigations.

3. PRC Compliance: Auditing and establishing anti-corruption and anti-bribery frameworks for cross-border operations.

Should you require professional counsel regarding criminal defense in the PRC, criminal risk assessment, or judicial coordination, please contact us.

	Alfred Leung, Partner alfredleung@hkytl.com; +852 3468 7202
	Mao Hongtao, PRC Legal Counsel maohongtao@hkytl.com  +852 3468 7200

This article is introductory in nature. Its content is current at the date of publication.  It does not constitute legal advice and should not be relied upon as such. You should always obtain legal advice based on your specific circumstances before taking any action relating to matters covered by this article. Some information may have been obtained from external sources, and we cannot guarantee the accuracy or currency of any such information.