UNKNOWNH.H. Judge G. Lam11/11/2025[2025] HKDC 1951
合併案件：DCCC1450/2024DCCC279/2024
DCCC1450/2024
࣒ࠕ
A A
B DCCC 279 & 1450/2024 (Consolidated) B
[2025] HKDC 1951
C C
IN THE DISTRICT COURT OF THE
D D
HONG KONG SPECIAL ADMINISTRATIVE REGION
E CRIMINAL CASES NOS. 279 & 1450 OF 2024 E
F
____________ F
G HKSAR G
v
H H
WU Kwok-chu
I ____________ I
J J
Before : H.H. Judge G. Lam
K Date : 12 November 2025 K
Present : Mr. Herman Wan, PP, of the Department of
Justice, for HKSAR.
L L
Mr. Duncan Ma instructed by M/s David Y.W.
Man & Co., assigned by the Director of Legal Aid,
M M
for the defendant.
Offences : (1) & (2) Dealing with property known or
N believed to represent proceeds of an indictable N
offence（處理已知道或相信為代表從可公訴罪
O 行的得益的財產） O
P P
REASONS FOR SENTENCE
Q Q
R R
The defendant pleaded guilty to 2 charges of "Money
S S
laundering". In short, he lent his 2 bank accounts to someone.
T T
U U
V V
࣒ࠕ
- 2 -
A A
Summary of Facts
B B
C 2. On 20 May 2022, the defendant opened a bank account C
D (No.015-529-88-20334-7) with The Bank of East Asia ("Account 1"). He D
E
was the sole signatory of the account. E
F F
3. On 23 May 2022, the defendant opened a bank account
G G
(No.210-637351-888) with Hang Seng Bank ("Account 2"). He was the
H H
sole signatory of the account.
I I
J J
Deception
K K
4. Between May and June 2022, Mr. Shang (PW1) and Madam
L L
Leung (PW2) were deceived by an online investment scam. They were
M M
lured into making payments to various bank accounts for fake investments.
N N
Afterwards, the fraudsters became out of touch. PW1 and PW2 did not
O O
receive any profits and were unable to withdraw their money.
P P
Q 5. PW1 suffered loss in an aggregated sum of US$3,007,157.03, Q
R of which a total sum of US$282,868.87 was deposited into Account 1 by R
S
way of 6 transfers. S
T T
U U
V V
࣒ࠕ
- 3 -
A A
6. PW2 suffered loss in a total sum of HK$1,307,010, of which a
B B
sum of HK$100,000 was deposited into Account 2.
C C
D D
Money laundering
E E
Charge 1
F F
G 7. Account 1 consisted of a HKD savings account, a HKD current G
H account, a USD sub-account and a CAD sub-account. H
I I
J
8. Between 20 May and 11 July 2022, the HKD savings account J
received 96 deposits, which aggregated to a sum of HK$4,942,767.99. A
K K
total sum of HK$4,942,766.20 was withdrawn by 109 transactions. After
L L
eliminating the cross transfers between the accounts within Account 1 (to
M M
avoid double-counting), the HKD current account received a net deposit in
N N
the sum of HK$10,100. Similarly, the USD sub-account received a net
O O
deposit in the sum of US$636,281.23.
P P
Q 9. Account 1 was closed by the bank on 22 October 2022. Q
R R
S S
T T
U U
V V
࣒ࠕ
- 4 -
A A
Charge 2
B B
C 10. Account 2 consisted of a HKD account, a USD account, a EUR C
D account and a GBP account. D
E E
11. Between 23 May and 6 June 2022, the HKD account received
F F
28 deposits, which aggregated to a sum of HK$2,010,578.15 (including the
G G
HK$100,000 from PW2). A total sum of HK$2,009,827 was withdrawn by
H H
27 transactions. After eliminating the cross transfers between the accounts
I I
within Account 2 (to avoid double-counting), the HKD account received a
J J
net deposit in the sum of HK$1,097,857.83. Similarly, the USD account
K K
received a net deposit in the sum of US$112,409.52. Likewise, the EUR
L account received a net deposit in the sum of EUR 4,000; and the GBP L
M account, GBP 1,000. M
N N
12. Account 2 was closed by the bank on 13 October 2022.
O O
P P
Arrest
Q Q
R 13. The defendant was arrested on 20 January and 2 May 2023 R
S
respectively in relation to Accounts 2 and 1. S
T T
U U
V V
࣒ࠕ
- 5 -
A A
14. In his video recorded interviews, the defendant admitted
B B
having opened Account 1. He claimed to be a cleaner, earning around
C C
HK$15,000 per month.
D D
E E
15. The defendant's income and tax records are not commensurate
F F
with the magnitude of the deposits received by Accounts 1 and 2.
G G
H Mitigation & Sentence H
I I
16. The defendant is 50 and divorced with no children. He has 11
J J
conviction records, none related to "money laundering". Defence counsel
K K
Mr. Ma informed me that the defendant resides with his parents (both aged
L 75) and made financial contributions to them each month. L
M M
N 17. In mitigation, Mr. Ma submitted that owing to sciatica, the N
defendant was unable to work in March 2022. In April 2022, he responded
O O
to a post on Facebook and learned that he could earn some quick money by
P P
opening bank accounts and letting others use them. Knowing that someone
Q Q
might use his bank accounts for illegal purposes, the defendant nonetheless
R R
took up the offer since he was in need of money. He opened Accounts 1 and
S S
2, and lent them to someone in return for $8,000.
T T
U U
V V
࣒ࠕ
- 6 -
A A
18. The prosecution has applied for an enhanced sentence pursuant
B B
to section 27(2)(c) and (d) of the Organized and Serious Crimes Ordinance
C C
(Cap.455) on the basis of prevalence as well as the nature and extent of harm
D D
caused to the community. Mr. Ma did not object.
E E
F F
19. I bear in mind the Court of Appeal's decision in HKSAR v Xu
G Mai Qing CACC 464/2005, whereas Yeung JA (as he then was) held "Under G
H section 27(11) of OSCO, what the prosecution has to prove is the prevalence H
I of the offence, not the increase in the number of such offences1." I
J J
20. I have read the witness statement of CIP Li dated 30 October
K K
2025. I am satisfied that in 2022, deception-related money laundering cases
L L
were prevalent in Hong Kong in terms of the number of cases as well as the
M M
total value of monetary loss.
N N
O O
21. There is clear and cogent evidence before me that money
P P
laundering through bank accounts opened by "ML Stooges" remains
Q widespread in Hong Kong today. What true criminals need are gullible Q
R scapegoats, like the defendant in the present case, who would take the blame R
S
for them when law enforcement takes action. The court must send a clear S
T T
1
Paragraph 16 on p.4 of the judgment.
U U
V V
࣒ࠕ
- 7 -
A A
message to the general public that people who play the role of "ML Stooge"
B B
will receive severe punishment, so that there is a deterrent effect. When
C C
there are few or no willing "ML Stooges", criminal activities which rely on
D D
their bank accounts will fail.
E E
F F
22. This is a typical case of money laundering by way of stooge
G bank accounts. Even if the defendant did not know about the investment G
H fraud against PW1 and PW2, such scams would have been meaningless H
I without his bank accounts. Assuming what the defendant said is true, given I
J
his role, the total sums which went through his 2 accounts and the overall J
circumstances, I grant the prosecution's application and will enhance the
K K
sentence by 25%.
L L
M M
23. The Court of Appeal in SJ v Wan Kwok Keung [2012] 1
N N
HKLRD 201 held :-
O O
Generally, the sentence for "money laundering" offences should mainly
P reflect the amount of "black money" laundered and not the benefit obtained P
by the defendant or others. The reason being that it is very difficult to prove
Q the benefit concerned, and in most "money laundering" cases, there may Q
not be evidence to show from what indictable offence the "black money" are
R R
in fact derived. Of course, if there is information to prove that the "black
money" is originated from serious crimes, including drug trafficking,
S S
kidnap and blackmail, illegal human trafficking, other organized crimes,
T T
U U
V V
- 8 -
A A
B B
C C
D D
E E
F F
G
H
I
J
K
L
M
N
O
P
Q
R
S
T
U
V
࣒ࠕ
A A
B DCCC 279 & 1450/2024 (Consolidated) B
[2025] HKDC 1951
C C
IN THE DISTRICT COURT OF THE
D D
HONG KONG SPECIAL ADMINISTRATIVE REGION
E CRIMINAL CASES NOS. 279 & 1450 OF 2024 E
F
____________ F
G HKSAR G
v
H H
WU Kwok-chu
I ____________ I
J J
Before : H.H. Judge G. Lam
K Date : 12 November 2025 K
Present : Mr. Herman Wan, PP, of the Department of
Justice, for HKSAR.
L L
Mr. Duncan Ma instructed by M/s David Y.W.
Man & Co., assigned by the Director of Legal Aid,
M M
for the defendant.
Offences : (1) & (2) Dealing with property known or
N believed to represent proceeds of an indictable N
offence（處理已知道或相信為代表從可公訴罪
O 行的得益的財產） O
P P
REASONS FOR SENTENCE
Q Q
R R
The defendant pleaded guilty to 2 charges of "Money
S S
laundering". In short, he lent his 2 bank accounts to someone.
T T
U U
V V
࣒ࠕ
- 2 -
A A
Summary of Facts
B B
C 2. On 20 May 2022, the defendant opened a bank account C
D (No.015-529-88-20334-7) with The Bank of East Asia ("Account 1"). He D
E
was the sole signatory of the account. E
F F
3. On 23 May 2022, the defendant opened a bank account
G G
(No.210-637351-888) with Hang Seng Bank ("Account 2"). He was the
H H
sole signatory of the account.
I I
J J
Deception
K K
4. Between May and June 2022, Mr. Shang (PW1) and Madam
L L
Leung (PW2) were deceived by an online investment scam. They were
M M
lured into making payments to various bank accounts for fake investments.
N N
Afterwards, the fraudsters became out of touch. PW1 and PW2 did not
O O
receive any profits and were unable to withdraw their money.
P P
Q 5. PW1 suffered loss in an aggregated sum of US$3,007,157.03, Q
R of which a total sum of US$282,868.87 was deposited into Account 1 by R
S
way of 6 transfers. S
T T
U U
V V
࣒ࠕ
- 3 -
A A
6. PW2 suffered loss in a total sum of HK$1,307,010, of which a
B B
sum of HK$100,000 was deposited into Account 2.
C C
D D
Money laundering
E E
Charge 1
F F
G 7. Account 1 consisted of a HKD savings account, a HKD current G
H account, a USD sub-account and a CAD sub-account. H
I I
J
8. Between 20 May and 11 July 2022, the HKD savings account J
received 96 deposits, which aggregated to a sum of HK$4,942,767.99. A
K K
total sum of HK$4,942,766.20 was withdrawn by 109 transactions. After
L L
eliminating the cross transfers between the accounts within Account 1 (to
M M
avoid double-counting), the HKD current account received a net deposit in
N N
the sum of HK$10,100. Similarly, the USD sub-account received a net
O O
deposit in the sum of US$636,281.23.
P P
Q 9. Account 1 was closed by the bank on 22 October 2022. Q
R R
S S
T T
U U
V V
࣒ࠕ
- 4 -
A A
Charge 2
B B
C 10. Account 2 consisted of a HKD account, a USD account, a EUR C
D account and a GBP account. D
E E
11. Between 23 May and 6 June 2022, the HKD account received
F F
28 deposits, which aggregated to a sum of HK$2,010,578.15 (including the
G G
HK$100,000 from PW2). A total sum of HK$2,009,827 was withdrawn by
H H
27 transactions. After eliminating the cross transfers between the accounts
I I
within Account 2 (to avoid double-counting), the HKD account received a
J J
net deposit in the sum of HK$1,097,857.83. Similarly, the USD account
K K
received a net deposit in the sum of US$112,409.52. Likewise, the EUR
L account received a net deposit in the sum of EUR 4,000; and the GBP L
M account, GBP 1,000. M
N N
12. Account 2 was closed by the bank on 13 October 2022.
O O
P P
Arrest
Q Q
R 13. The defendant was arrested on 20 January and 2 May 2023 R
S
respectively in relation to Accounts 2 and 1. S
T T
U U
V V
࣒ࠕ
- 5 -
A A
14. In his video recorded interviews, the defendant admitted
B B
having opened Account 1. He claimed to be a cleaner, earning around
C C
HK$15,000 per month.
D D
E E
15. The defendant's income and tax records are not commensurate
F F
with the magnitude of the deposits received by Accounts 1 and 2.
G G
H Mitigation & Sentence H
I I
16. The defendant is 50 and divorced with no children. He has 11
J J
conviction records, none related to "money laundering". Defence counsel
K K
Mr. Ma informed me that the defendant resides with his parents (both aged
L 75) and made financial contributions to them each month. L
M M
N 17. In mitigation, Mr. Ma submitted that owing to sciatica, the N
defendant was unable to work in March 2022. In April 2022, he responded
O O
to a post on Facebook and learned that he could earn some quick money by
P P
opening bank accounts and letting others use them. Knowing that someone
Q Q
might use his bank accounts for illegal purposes, the defendant nonetheless
R R
took up the offer since he was in need of money. He opened Accounts 1 and
S S
2, and lent them to someone in return for $8,000.
T T
U U
V V
࣒ࠕ
- 6 -
A A
18. The prosecution has applied for an enhanced sentence pursuant
B B
to section 27(2)(c) and (d) of the Organized and Serious Crimes Ordinance
C C
(Cap.455) on the basis of prevalence as well as the nature and extent of harm
D D
caused to the community. Mr. Ma did not object.
E E
F F
19. I bear in mind the Court of Appeal's decision in HKSAR v Xu
G Mai Qing CACC 464/2005, whereas Yeung JA (as he then was) held "Under G
H section 27(11) of OSCO, what the prosecution has to prove is the prevalence H
I of the offence, not the increase in the number of such offences1." I
J J
20. I have read the witness statement of CIP Li dated 30 October
K K
2025. I am satisfied that in 2022, deception-related money laundering cases
L L
were prevalent in Hong Kong in terms of the number of cases as well as the
M M
total value of monetary loss.
N N
O O
21. There is clear and cogent evidence before me that money
P P
laundering through bank accounts opened by "ML Stooges" remains
Q widespread in Hong Kong today. What true criminals need are gullible Q
R scapegoats, like the defendant in the present case, who would take the blame R
S
for them when law enforcement takes action. The court must send a clear S
T T
1
Paragraph 16 on p.4 of the judgment.
U U
V V
࣒ࠕ
- 7 -
A A
message to the general public that people who play the role of "ML Stooge"
B B
will receive severe punishment, so that there is a deterrent effect. When
C C
there are few or no willing "ML Stooges", criminal activities which rely on
D D
their bank accounts will fail.
E E
F F
22. This is a typical case of money laundering by way of stooge
G bank accounts. Even if the defendant did not know about the investment G
H fraud against PW1 and PW2, such scams would have been meaningless H
I without his bank accounts. Assuming what the defendant said is true, given I
J
his role, the total sums which went through his 2 accounts and the overall J
circumstances, I grant the prosecution's application and will enhance the
K K
sentence by 25%.
L L
M M
23. The Court of Appeal in SJ v Wan Kwok Keung [2012] 1
N N
HKLRD 201 held :-
O O
Generally, the sentence for "money laundering" offences should mainly
P reflect the amount of "black money" laundered and not the benefit obtained P
by the defendant or others. The reason being that it is very difficult to prove
Q the benefit concerned, and in most "money laundering" cases, there may Q
not be evidence to show from what indictable offence the "black money" are
R R
in fact derived. Of course, if there is information to prove that the "black
money" is originated from serious crimes, including drug trafficking,
S S
kidnap and blackmail, illegal human trafficking, other organized crimes,
T T
U U
V V
- 8 -
A A
B B
C C
D D
E E
F F
G
H
I
J
K
L
M
N
O
P
Q
R
S
T
U
V