DCCC80/2025 HKSAR v. ROCERO JOSELHEN SAGUION - LawHero
DCCC80/2025
區域法院（刑事）Deputy District Judge Jason Wan13/11/2025[2025] HKDC 1960
DCCC80/2025
A A
B B
DCCC 80/2025
C [2025] HKDC 1960 C
D D
IN THE DISTRICT COURT OF THE
E HONG KONG SPECIAL ADMINISTRATIVE REGION E
CRIMINAL CASE NO 80 OF 2025
F F
G ----------------------------- G
HKSAR
H H
v
I ROCERO JOSELHEN SAGUION I
-----------------------------
J J
K Before: Deputy District Judge Jason Wan in Court K
Date: 14 November 2025
L L
Present: Mr CHAU King Fung, Fergus, Senior Public Prosecutor and
M Mr HUI Man Nok, Matthew, Public Prosecutor, for M
HKSAR/Director of Public Prosecutions
N N
Mr RICHMOND Martyn, instructed by Messrs Morley Chow
O Seto, assigned by the Director of Legal Aid for the defendant O
Offence: Dealing with property known or believed to represent
P P
proceeds of an indictable offence（處理已知道或相信為代
Q Q
表從可公訴罪行的得益的財產）
R R
-----------------------------------------
S S
REASONS FOR SENTENCE
T ----------------------------------------- T
U U
V V
-2-
A A
B B
1. The defendant is charged with one count of “Dealing with
C property known or believed to represent proceeds of an indictable C
offence” . She pleaded guilty to the charge and admitted the summary of
1
D D
facts. As a result, she is convicted accordingly.
E E
Summary of Facts
F F
G 2. On 28 February 2023, the defendant opened a bank account at G
The Hongkong and Shanghai Banking Corporation Limited (“HSBC”)
H H
with the account number 166-861815-833 (“the said Account”). At all
I material times, the defendant was the sole signatory of the said Account. I
J J
3. Between May and June 2023, the said Account had the
K following transactions: K
L L
(a) On 29 May 2023, there was a transfer of HK$8 by one
M RIA-ULFATUN-NAFIAH; M
N N
(b) On 30 May 2023, US$47,900 was deposited into the
O said Account; O
P P
(c) On 31 May 2023, the above sum was exchanged into
Q HK$373,906.44. Amongst this sum, HK$371,200 was Q
immediately withdrawn in cash; HK$2,500 was
R R
transferred to RIA-ULFATUN-NAFIAH; and HK$200
S was transferred to another bank account of the S
defendant;
T T
U 1 U
Contrary to section 25(1) and (3) of the Organized and Serious Crimes Ordinance, Cap 455, Laws
of Hong Kong.
V V
-3-
A A
B B
C (d) On 2 June 2023, US$85,400 was deposited into the said C
Account. The sum was immediately exchanged into
D D
HK$666,671.2 and placed in the current account of the
E said Account; E
F F
(e) On 5 June 2023, HK$290,671.2 was moved from the
G current account to the savings account; G
H H
(f) Between 5 and 6 June 2023, there were 12 ATM cash
I withdrawals in the total amount of HK$240,000 I
(HK$20,000 each time); and
J J
K (g) Between 5 and 10 June 2023, there were 5 transfers in K
the total amount of HK$50,685 to RIA-ULFATUN-
L L
NAFIAH.
M M
4. There were no further transaction afterwards. The above
N N
transactions showed clear money laundering pattern including mirror
O pattern, quick speed of dissipation, temporary fund repository and low O
bank balance.
P P
Q 5. On 7 May 2024, the defendant was arrested by the Police. Q
Under caution, the defendant said the followings:
R R
S (a) She came to Hong Kong to work as a domestic helper S
and her monthly income was HK$5,000;
T T
U U
V V
-4-
A A
B B
(b) She had three bank accounts in Hong Kong including
C the said Account. She opened the said Account for C
savings purpose but there was no money in the said
D D
Account because she had no savings;
E E
(c) She lost the ATM card of the said Account in or around
F F
2020 and she never told anyone about the password of
G the ATM card; and G
H H
(d) She had no knowledge of the above transactions.
I I
6. The defendant now admits, during the period specified in the
J J
charge, together with an unknown person, knowing or having reasonable
K grounds to believe that property, namely a total sum of US$133,300 in the K
said Account, in whole or in part directly or indirectly represented proceeds
L L
of an indictable offence, and she dealt with the said property.
M M
N N
O O
P P
Q Q
R R
S S
T T
U U
V V
-5-
A A
B B
Mitigation
C C
7. The defendant is 41 years of age. She was born and received
D D
education in the Philippines. She is married and has a 16-year-old daughter.
E Since 2014, she came to Hong Kong to work as a domestic helper and her E
current salary is about HK$5,000 per month. She has a clear record.
F F
G 8. Defence submitted that the defendant is genuinely and G
extremely remorseful. She admitted that she lent the said Account to a
H H
friend for a reward of HK$5,000 but she had no idea it would be used for
I illegal purpose. Defence submitted that there is no evidence to prove what I
the predicate offence was and certainly the defendant had no involvement
J J
whatever it was. Further, Defence submitted that apart from the
K punishment the defendant is going to receive, she will most likely lose her K
job. The impact on her and her family will be significant. Lastly, Defence
L L
urged the court to consider all the circumstances and impose a lenient
M sentence. M
N N
Sentencing Consideration
O O
9. There is no need to emphasize that money laundering is a very
P P
serious offence. Not only does it encourage criminal activities indirectly,
Q but it also helps criminals to legitimize the proceeds of crime. The Court Q
of Appeal in cases like HKSAR v Hsu Yu Yi 2, Secretary for Justice v Wan
R R
Kwok Keung 3 and HKSAR v Boma 4 has already set out the sentencing
S principles for this offence. The factors to be taken into account are: S
T T
2
[2010] 5 HKLRD 545
U 3 U
[2012] 1 HKLRD 201
4
[2012] 2 HKLRD 33
V V
-6-
A A
B B
(a) the amount of money involved;
C C
(b) the level of participation of the defendant;
D D
E (c) the nature of the predicate offence; E
F F
(d) the defendant’s knowledge of the nature of the
G predicate offence; G
H H
(e) whether there is any international element;
I I
(f) the sophistication of the offence; and
J J
K (g) duration of the offence. K
L L
10. The Court of Appeal repeatedly said there is no guideline for
M this offence. However, it was suggested in Wan Kwok Keung that if the M
“black money” involved is between HK$1 million and HK$2 million, the
N N
sentencing starting point could be about 3 years5.
O O
11. Based on the facts admitted by the defendant, the court is
P P
prepared to accept that she did not have any knowledge of the predicate
Q offence and the level of her participation is low. The amount of money Q
involved in the charge is about HK$1 million. It certainly is not small
R R
amount but it is not a particularly large amount in this kind of cases. There
S is no evidence that this case involved any international element. All S
T T
U U
5
See paragraph 15
V V
-7-
A A
B B
relevant transactions took place within about 10 days’ time so the duration
C of the offence is relatively short. C
D D
12. The court has also considered the personal background of the
E defendant. It appears that the defendant is an unsophisticated person who E
was unaware of the serious legal consequences of lending bank account to
F F
others. Further, the defendant is a first offender and showed her remorse
G by pleading guilty to the charge. G
H H
13. Considered all circumstances, the court adopts 30 months as
I the starting point. The defendant pleaded guilty to the charge and is I
entitled to one-third discount. As a result, the defendant is sentenced to 20
J J
months’ imprisonment.
K K
L L
M M
N N
( Jason Wan )
O
Deputy District Judge O
P P
Q Q
R R
S S
T T
U U
V V
A A
B B
DCCC 80/2025
C [2025] HKDC 1960 C
D D
IN THE DISTRICT COURT OF THE
E HONG KONG SPECIAL ADMINISTRATIVE REGION E
CRIMINAL CASE NO 80 OF 2025
F F
G ----------------------------- G
HKSAR
H H
v
I ROCERO JOSELHEN SAGUION I
-----------------------------
J J
K Before: Deputy District Judge Jason Wan in Court K
Date: 14 November 2025
L L
Present: Mr CHAU King Fung, Fergus, Senior Public Prosecutor and
M Mr HUI Man Nok, Matthew, Public Prosecutor, for M
HKSAR/Director of Public Prosecutions
N N
Mr RICHMOND Martyn, instructed by Messrs Morley Chow
O Seto, assigned by the Director of Legal Aid for the defendant O
Offence: Dealing with property known or believed to represent
P P
proceeds of an indictable offence（處理已知道或相信為代
Q Q
表從可公訴罪行的得益的財產）
R R
-----------------------------------------
S S
REASONS FOR SENTENCE
T ----------------------------------------- T
U U
V V
-2-
A A
B B
1. The defendant is charged with one count of “Dealing with
C property known or believed to represent proceeds of an indictable C
offence” . She pleaded guilty to the charge and admitted the summary of
1
D D
facts. As a result, she is convicted accordingly.
E E
Summary of Facts
F F
G 2. On 28 February 2023, the defendant opened a bank account at G
The Hongkong and Shanghai Banking Corporation Limited (“HSBC”)
H H
with the account number 166-861815-833 (“the said Account”). At all
I material times, the defendant was the sole signatory of the said Account. I
J J
3. Between May and June 2023, the said Account had the
K following transactions: K
L L
(a) On 29 May 2023, there was a transfer of HK$8 by one
M RIA-ULFATUN-NAFIAH; M
N N
(b) On 30 May 2023, US$47,900 was deposited into the
O said Account; O
P P
(c) On 31 May 2023, the above sum was exchanged into
Q HK$373,906.44. Amongst this sum, HK$371,200 was Q
immediately withdrawn in cash; HK$2,500 was
R R
transferred to RIA-ULFATUN-NAFIAH; and HK$200
S was transferred to another bank account of the S
defendant;
T T
U 1 U
Contrary to section 25(1) and (3) of the Organized and Serious Crimes Ordinance, Cap 455, Laws
of Hong Kong.
V V
-3-
A A
B B
C (d) On 2 June 2023, US$85,400 was deposited into the said C
Account. The sum was immediately exchanged into
D D
HK$666,671.2 and placed in the current account of the
E said Account; E
F F
(e) On 5 June 2023, HK$290,671.2 was moved from the
G current account to the savings account; G
H H
(f) Between 5 and 6 June 2023, there were 12 ATM cash
I withdrawals in the total amount of HK$240,000 I
(HK$20,000 each time); and
J J
K (g) Between 5 and 10 June 2023, there were 5 transfers in K
the total amount of HK$50,685 to RIA-ULFATUN-
L L
NAFIAH.
M M
4. There were no further transaction afterwards. The above
N N
transactions showed clear money laundering pattern including mirror
O pattern, quick speed of dissipation, temporary fund repository and low O
bank balance.
P P
Q 5. On 7 May 2024, the defendant was arrested by the Police. Q
Under caution, the defendant said the followings:
R R
S (a) She came to Hong Kong to work as a domestic helper S
and her monthly income was HK$5,000;
T T
U U
V V
-4-
A A
B B
(b) She had three bank accounts in Hong Kong including
C the said Account. She opened the said Account for C
savings purpose but there was no money in the said
D D
Account because she had no savings;
E E
(c) She lost the ATM card of the said Account in or around
F F
2020 and she never told anyone about the password of
G the ATM card; and G
H H
(d) She had no knowledge of the above transactions.
I I
6. The defendant now admits, during the period specified in the
J J
charge, together with an unknown person, knowing or having reasonable
K grounds to believe that property, namely a total sum of US$133,300 in the K
said Account, in whole or in part directly or indirectly represented proceeds
L L
of an indictable offence, and she dealt with the said property.
M M
N N
O O
P P
Q Q
R R
S S
T T
U U
V V
-5-
A A
B B
Mitigation
C C
7. The defendant is 41 years of age. She was born and received
D D
education in the Philippines. She is married and has a 16-year-old daughter.
E Since 2014, she came to Hong Kong to work as a domestic helper and her E
current salary is about HK$5,000 per month. She has a clear record.
F F
G 8. Defence submitted that the defendant is genuinely and G
extremely remorseful. She admitted that she lent the said Account to a
H H
friend for a reward of HK$5,000 but she had no idea it would be used for
I illegal purpose. Defence submitted that there is no evidence to prove what I
the predicate offence was and certainly the defendant had no involvement
J J
whatever it was. Further, Defence submitted that apart from the
K punishment the defendant is going to receive, she will most likely lose her K
job. The impact on her and her family will be significant. Lastly, Defence
L L
urged the court to consider all the circumstances and impose a lenient
M sentence. M
N N
Sentencing Consideration
O O
9. There is no need to emphasize that money laundering is a very
P P
serious offence. Not only does it encourage criminal activities indirectly,
Q but it also helps criminals to legitimize the proceeds of crime. The Court Q
of Appeal in cases like HKSAR v Hsu Yu Yi 2, Secretary for Justice v Wan
R R
Kwok Keung 3 and HKSAR v Boma 4 has already set out the sentencing
S principles for this offence. The factors to be taken into account are: S
T T
2
[2010] 5 HKLRD 545
U 3 U
[2012] 1 HKLRD 201
4
[2012] 2 HKLRD 33
V V
-6-
A A
B B
(a) the amount of money involved;
C C
(b) the level of participation of the defendant;
D D
E (c) the nature of the predicate offence; E
F F
(d) the defendant’s knowledge of the nature of the
G predicate offence; G
H H
(e) whether there is any international element;
I I
(f) the sophistication of the offence; and
J J
K (g) duration of the offence. K
L L
10. The Court of Appeal repeatedly said there is no guideline for
M this offence. However, it was suggested in Wan Kwok Keung that if the M
“black money” involved is between HK$1 million and HK$2 million, the
N N
sentencing starting point could be about 3 years5.
O O
11. Based on the facts admitted by the defendant, the court is
P P
prepared to accept that she did not have any knowledge of the predicate
Q offence and the level of her participation is low. The amount of money Q
involved in the charge is about HK$1 million. It certainly is not small
R R
amount but it is not a particularly large amount in this kind of cases. There
S is no evidence that this case involved any international element. All S
T T
U U
5
See paragraph 15
V V
-7-
A A
B B
relevant transactions took place within about 10 days’ time so the duration
C of the offence is relatively short. C
D D
12. The court has also considered the personal background of the
E defendant. It appears that the defendant is an unsophisticated person who E
was unaware of the serious legal consequences of lending bank account to
F F
others. Further, the defendant is a first offender and showed her remorse
G by pleading guilty to the charge. G
H H
13. Considered all circumstances, the court adopts 30 months as
I the starting point. The defendant pleaded guilty to the charge and is I
entitled to one-third discount. As a result, the defendant is sentenced to 20
J J
months’ imprisonment.
K K
L L
M M
N N
( Jason Wan )
O
Deputy District Judge O
P P
Q Q
R R
S S
T T
U U
V V