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Hamish McCardle

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Hamish McCardle
McCardle close up resize small
Born1967
NationalityNew Zealander
Other names马浩明
EducationVictoria University of Wellington China University of Political Science and Law

Hamish McCardle is a senior officer in the New Zealand Police, a teacher, and international law enforcement consultant.

Career[edit]

McCardle joined New Zealand Police in 1985, working in both the uniform branch and detective branches within the Wellington Police District. In February 1994 he was the Officer in Charge of the crime scene for the double murder of Wellington father and son Gene and Eugene Thomas. McCardle received a Commissioner's Commendation for his innovations in crime scene management using photogrammetry, and taught the techniques developed at the Royal New Zealand Police College.

After promotion within the detective branch he was appointed to senior management positions opening New Zealand Police's first post in Indonesia in 2003. McCardle was a first responder to the J.W. Marriott Hotel bombing in central Jakarta of August 2003. On 9 September 2004 McCardle was the first New Zealand officer on the scene of the bomb at the Australian Embassy Jakarta where he assisted secure the scene and locate forensic evidence. In 2004 he was appointed Forward Commander for New Zealand's response to the 26 December tsunami that impacted Indonesia, Thailand and surrounding countries. McCardle led the DVI contingent in Phuket[1] and was awarded a Commissioner's Silver Merit Awardfor his efforts, and the New Zealand Government Special Service Medal (Asian Tsunami).

From 2006 to 2009 McCardle was in Wellington where he led the review of policing legislation resulting in the passing of the Policing Act 2008.[2] In 2010 McCardle was appointed to Counsellor Police at the New Zealand Embassy Beijing. During his time in China McCardle received a Prime Minister's scholarship and graduated from the China University of Political Science and Law with a Masters in Chinese Law, after which he was promoted to the rank of Assistant Commissioner based at Police National Headquarters. Before departing Beijing in 2018 he was the first foreigner to be appointed as a visiting professor to the People's Public Security University of China.[3]

Controversy[edit]

In 2019 an internal staff complaint against McCardle for crass sexual language and jokes in the office environment was upheld,[4] and a counter complaint by McCardle against two Deputy Chief Executives of New Zealand Police for improper use of executive authority was upheld by the IPCA resulting in the sanctioning of a Deputy Commissioner and a Deputy CEO of Police.[citation needed] In 2020 McCardle opened New Zealand Police's first liaison office at the New Zealand Consulate-General in Hong Kong SAR.

Police Act Review[edit]

In 2006 McCardle was appointed to lead the team rewriting New Zealand's policing legislation; this work led to the passing of New Zealand's Policing Act in 2008. A broad-based consultation phase was upheld as a model process for such legislation development.[2][5] The Policing Bill attracted cross-party support[6][7][8] and the effort was recognised by a rare second Commissioner's Silver Merit Award in 2008.

China Capable Public Sector[edit]

McCardle was selected as a member of the Experts Panel by New Zealand's Ministry of Foreign Affairs and Trade to develop a China capable public sector, growing awareness, knowledge, experience, and leadership for public servants working with China. McCardle was a course presenter on the 'Masterclass' series until 2021,[9] and a keynote speaker on police and law enforcement cooperation between New Zealand and China in the Knowledge Transfer series.[10]

The Runaway Millionaires Case (Gao Hui and Kara Hurring)[edit]

McCardle took up the case on his arrival in Beijing in 2010, where two Mutual Assistance in Criminal Matters requests from New Zealand were not approved by China's Ministry of Justice, as in their legal view it was a civil not criminal matter. McCardle learned both fugitives were living in Shenzhen and occasionally travelling to Hong Kong. With this knowledge McCardle sought the cooperation of Hong Kong Police to monitor the entry of both suspects and take action when the time was right. When firstly Hurring was returned from Hong Kong to New Zealand and arrested,[11] it was on Gao's next visit to Hong Kong that he was captured in an arranged sting at the Shenzhen - Hong Kong border crossing. After initially seeking to resist the extradition to New Zealand, Gao changed his mind and surrendered, returning to Auckland on 21 December 2011.[12] The case of the runaway millionaires was later dramatised in a New Zealand produced TV movie.[13]

Kim Kyung Yup Case[edit]

In 2011 McCardle commenced assistance in his role as Counsellor Police with the Shanghai Minhang District Criminal Investigations Branch and the Shanghai 803 Forensics Unit to prepare a comprehensive extradition request for alleged murderer Kim Kyung-yup who is originally from Korea. The facts surrounding the murder of a 21 year old Shanghai victim were presented in the required extradition format for New Zealand. Kim had fled to New Zealand after initially flying to his native Korea from Shanghai.The case attracted international attention as it is seen as the first where a common-law western legal system country will extradite a prisoner to China for a capital offence.[14][15][16] In a protracted extradition process, Kim pursued a wide range of defenses[17] and became New Zealand's longest serving prisoner to not have faced a trial.

Yan Yong Ming (Bill Liu) case[edit]

Between 2010 and 2017 McCardle was deeply involved in the investigation and final resolution of a long running extradition and mutual assistance in criminal matters case originating from China's Jilin Province, Tonghua City. The case against a former Tonghua based company director Yan Yong Ming, known in New Zealand as William Yan or Bill Liu, had been complicated by Yan changing his name and obtaining New Zealand citizenship in controversial circumstances after leaving China.[18][19][20] Initial efforts to extradite Yan to China shifted to a process of settlement of criminal matters arising from his financial activities in New Zealand and China. The long running case was resolved with Yan pleading guilty to money laundering charges in New Zealand and then returning to China to be found guilty of financial crime charges that originated in 2001. Yan was sentenced to a period of home detention and financial penalty of repatriation of NZD$42.85 million.[21][22] This was the largest settlement in New Zealand at the time, with the proceeds of his crimes shared between New Zealand and the original victims in Tonghua City, China.[23]

Gong Xiao Hua (Edward Gong) case[edit]

In 2015 McCardle commenced work with the Shaoyang County Police in Hunan Province in connection with a complex pyramid selling scheme. Fake Canadian health products and shares had been extensively marketed under the name 024 Pharma, and the victims were mostly rural Chinese families from Hunan Province who were recruited into the purchase of the 024 Pharma products by agents working for Gong Xiao Hua.[24] Although Gong had moved to Canada from China, he also had family members living in New Zealand, and it was through New Zealand;s banking system that alerts for money laundering were triggered, sparking the New Zealand Police cooperation with China.[25] In 2021 McCardle assisted complete the long running investigation by brokering a settlement agreement for the New Zealand action against Gong Xiao Hua. This resulted in New Zealand's largest forfeiture of tainted money of more than $70 million and a significant sharing arrangement with China.[26][24][27]

Published[edit]

Title Date Topic
Linguistic Brilliance: Rule of Law with Chinese Characteristics 2019 Rule of law and change in China
Inviting Public Conversations about Policing: Experiences from New Zealand 2010 Process for reviewing NZ Police legislation
New Zealand Police: from drug enforcement to peacekeeping 2007 The evolving New Zealand police role in international relations.
The power of conviction : what are the factors that make police-to-community engagement at a management-level work in some instances but not others? 2001 Research on community and police engagement techniques

References[edit]

  1. "Grim task faces special police disaster team". NZ Herald. 2023-11-30. Retrieved 2023-11-30.
  2. 2.0 2.1 "King, Annette: Policing Bill — Second Reading - New Zealand Parliament". www.parliament.nz. Retrieved 2023-11-30.
  3. "China honours departing friend". New Zealand Police. Retrieved 2023-11-30.
  4. "Top cop censured for sex remarks, fallout threatens Commissioner appointment". NZ Herald. 2023-11-30. Retrieved 2023-11-30.
  5. "Police wiki lets you write the law". Stuff. 2009-01-31. Retrieved 2023-11-30.
  6. "Hundreds have say online about law on policing". Stuff. 2009-01-31. Retrieved 2023-11-29.
  7. McCardle, Hamish; Webb, Mike (29 November 2023). "Inviting Public Conversations about Policing: Experiences from New Zealand".
  8. Police, New Zealand (8 February 2007). "Phase One Consultation On Police Act Review". www.scoop.co.nz. Retrieved 2023-11-30.
  9. China Capable Public Sector, NZ Government (30 November 2023). "Masterclass-brouchure" (PDF). Chinacapable. Retrieved 2023-12-01.
  10. "Past Events | China Capable (en-NZ)". chinacapable.org.nz. Retrieved 2023-11-30.
  11. "Westpac 'runaways': Rotorua woman arrested". NZ Herald. 2023-12-01. Retrieved 2023-12-01.
  12. "Runaway Millionaires Jailed". Radio New Zealand. 24 August 2012.
  13. TVNZ. "Runaway Millionaires". www.tvnz.co.nz. Retrieved 2023-12-01.
  14. "New Zealand court to allow extradition to China in 'disturbing precedent'". 2022-04-14. Retrieved 2023-11-30.
  15. McClure, Tess (2022-04-22). "New Zealand faces global pressure over move to let resident be extradited to China". The Guardian. ISSN 0261-3077. Retrieved 2023-11-30.
  16. "Supreme Court permits NZ citizen's extradition to China for murder". www.thelawyermag.com. Retrieved 2023-11-30.
  17. "Alleged prostitute killer can be extradited for trial, court rules". NZ Herald. 2023-12-01. Retrieved 2023-12-01.
  18. Field, Michael (2012-05-31). "Yong Ming Yan case 'highly suspicious'". Stuff. Retrieved 2023-12-01.
  19. "Jones defends citizenship decision". RNZ. 2012-05-22. Retrieved 2023-11-30.
  20. "Inquiry into citizenship decision". Office of the Auditor-General New Zealand. Retrieved 2023-11-30.
  21. "Millionaire admits money laundering". NZ Herald. 2023-12-01. Retrieved 2023-12-01.
  22. "Fraud suspect wanted by China pays $31m to end New Zealand police probe". South China Morning Post. 2016-08-23. Retrieved 2023-12-01.
  23. "$40m fortune: Businessman cuts deal". NZ Herald. 2023-12-01. Retrieved 2023-12-01.
  24. 24.0 24.1 "$70m forfeit: Rich businessman strikes record deal with NZ police". NZ Herald. 2023-12-01. Retrieved 2023-12-01.
  25. "Forfeited criminal proceeds: New Zealand and China split $70 million after laundering case". RNZ. 2023-07-12. Retrieved 2023-11-30.
  26. "Canadian businessman cuts record $60M forfeiture deal with New Zealand police over 'profits from pyramid scheme'". The Globe and Mail. 2021-06-16. Retrieved 2023-12-01.
  27. New Zealand Government, Crown Law Office. "Disbursement of Recovered Criminal Proceeds to China" (PDF). Retrieved 1 December 2023.


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