區域法院（刑事）Deputy District Judge Jason Wan4/12/2025[2025] HKDC 2089
DCCC97/2025
A A
B B
DCCC 97/2025
C [2025] HKDC 2089 C
D D
IN THE DISTRICT COURT OF THE
E HONG KONG SPECIAL ADMINISTRATIVE REGION E
CRIMINAL CASE NO 97 OF 2025
F F
G ------------------------------ G
HKSAR
H H
v
I FU SZE MAN I
------------------------------
J J
K Before: Deputy District Judge Jason Wan in Court K
Date: 5 December 2025
L L
Present: Mr FAN S.Y., Edward, Counsel on fiat, for HKSAR
M Ms KO Cho Wing, Stephanie, instructed by Messrs Cheng & M
Ng, assigned by the Director of Legal Aid for the defendant
N N
Offence: Dealing with property known or believed to represent
O proceeds of an indictable offence (處理已知道或相信為代 O
P 表從可公訴罪行的得益的財產) P
Q Q
--------------------------------------------------
R REASONS FOR SENTENCE R
--------------------------------------------------
S S
T T
U U
V V
-2-
A A
B B
1. The defendant is facing one count of Dealing with property
C known or believed to represent proceeds of an indictable offence 1. After C
pleaded guilty to the charge and admitted the summary of facts, the
D D
defendant was convicted accordingly.
E E
Summary of Facts
F F
G 2. The alleged predicate offence in this case is lending at G
excessive interest rates. On 11 February 2020, Mr. Chung Lai Wing (“Mr.
H H
Chung”) borrowed a sum of HK$2,000 from an unknown source pursuant
I to an online advertisement. He received only $1,200 from the lender and I
$800 was charged as administrative fee. It was agreed that Mr. Chung had
J J
to repay HK$200 per week until he paid up to HK$2,200. Further, there
K would be penalty for late repayment. Mr. Chung was instructed to make K
his repayment to an HSBC bank account numbered 064-152796-001 (“the
L L
said account”).
M M
3. Between 18 February and 8 April 2020, Mr. Chung made
N N
repayments of a total of HK$4,600 by transferring money into the said
O account. O
P P
4. Since 8 April 2020, Mr. Chung stopped making repayment as
Q Q
he thought he had fully repaid the loan. Shortly after, he began to receive
R
dunning text messages. On 19 April 2020, someone splashed red paint at R
the home of Mr. Chung. Mr. Chung contacted the lender and the lender
S S
demanded a repayment of HK$20,000. On 20 April 2020, Mr. Chung
T T
1
Contrary to section 25(1) and (3) of the Organized and Serious Crimes Ordinance, Cap. 455, Laws of
U Hong Kong U
V V
-3-
A A
B B
made the repayment as instructed by the lender. Later, he made a report to
C the Police. C
D D
5. After investigation, it was discovered that the said account
E was opened by the defendant on 12 November 2019 and the defendant was E
the sole account holder and signatory at all material times.
F F
G 6. Transaction records of the said account between 23 November G
2019 and 26 June 2020 recorded 3,159 deposits totaling HK$3,062,350.
H H
During the same period, there were 261 withdrawals amounting to
I HK$3,044,100. Mirror pattern of deposits and withdrawals were noted. I
J J
7. On 10 June 2020, the defendant was arrested by the Police.
K Under caution, the defendant said that the said account was not used by her K
and she had lent the said account to a person called “Ho Yin”. The Police
L L
conducted a video-recorded interview with the defendant on the same day.
M Under caution, the defendant said she met “Ho Yin” at a bar. “Ho Yin” M
asked the defendant to open a bank account and lend it to him and in return,
N N
“Ho Yin” would pay her HK$2,000. Since she was in need of money, she
O agreed to do it. The defendant later went to the HSBC Bank to open the O
said account and passed the account opening documents, ATM card and
P P
passcode to the ATM to “Ho Yin”. Later, she lost contact with “Ho Yin”
Q Q
and never received any reward.
R R
8. The defendant now admits, at the material times in Hong
S S
Kong, together with another person, knowing or having reasonable
T
grounds to believe that property, namely a sum of HK$3,061,750 in the T
U U
V V
-4-
A A
B B
said account, in whole or in part directly or indirectly represented proceeds
C of an indictable offence, dealt with the said property. C
D D
Mitigation
E E
9. The defendant is 26 years of age and single. She was born
F F
locally and received education up to Form 3. She works as a hair stylist
G assistant since 2018 and earns around HK$8,000 per month. The defendant G
lives with her mother. Unfortunately her mother is a disabled person and
H H
the defendant is the main carer. The defendant is a person of clear record.
I I
10. Defence submitted that the defendant is genuinely remorseful.
J J
Concerning the offence, it was submitted that there is no evidence that the
K defendant knew what the predicate offence was and her involvement is K
only limited to lending out her bank account. Defence submitted, ever
L L
since she was arrested by the Police, the defendant has been working hard
M to keep her life in order and reflected a lot about her wrongdoing. The M
defendant vowed to stay on the right path and turn over a new leaf. Defence
N N
also urged the court to consider giving the defendant a further discount for
O the delay of prosecution in this case. The defendant was arrested in June O
2020 and it was only in December 2024 that she was first brought to court.
P P
All in all, Defence urged the court to consider all the circumstances and
Q Q
impose a lenient sentence.
R R
11. As to the Prosecution’s application for enhancement of
S S
sentence, Defence submitted that the updated figures show that the trend
T
seems to slow down in 2025 and therefore enhancement on the basis of T
prevalence could not be justified.
U U
V V
-5-
A A
B B
C Sentencing Consideration C
D D
12. There is no need to emphasize that money laundering is a very
E serious offence. Not only does it encourage criminal activities indirectly, E
but it also helps criminals to legitimize the proceeds of crime. The Court
F F
of Appeal in cases like HKSAR v Hsu Yu Yi2, Secretary for Justice v Wan
G Kwok Keung 3 and HKSAR v Boma 4 has already set out the sentencing G
principles for this offence. The factors to be taken into account are:
H H
I (a) the amount of money involved; I
J J
(b) the level of participation of the defendant;
K K
(c) the nature of the predicate offence;
L L
M (d) the defendant’s knowledge of the nature of the M
predicate offence;
N N
O (e) whether there is any international element; O
P P
(f) the sophistication of the offence; and
Q Q
R
(g) duration of the offence. R
S S
T 2
T
[2010] 5 HKLRD 545
3
[2012] 1 HKLRD 201
4
U [2012] 2 HKLRD 33 U
V V
-6-
A A
B B
13. The Court of Appeal repeatedly said there is no guideline for
C this offence. However, it was suggested in Wan Kwok Keung that if the C
“black money” involved is between HK$3 million and HK$6 million, the
D D
sentencing starting point could be about 4 years5.
E E
14. Based on the facts admitted by the defendant, the court is
F F
prepared to accept that she did not have any knowledge of the predicate
G offence and her level of participation is at the lower end. The amount of G
money involved in the charge is about HK$3 million. It certainly is not a
H H
small amount but it is not particularly large in this kind of cases. There is
I no evidence that this case involved any international element. I
J J
15. The court also considered the personal background of the
K defendant. She is a first offender and showed her remorse by pleading K
guilty to the charge. When she committed the offence, she was only about
L L
20 years old. Further, she needs to take care of her mother and it is not
M difficult to imagine the impact on her mother caused by the defendant’s M
incarceration. I also note that the defendant is well supported by family
N N
and friends. Her mother, her social worker and some friends are all present
O in court to support the defendant. O
P P
16. Considered all circumstances, I adopt 3 years’ imprisonment,
Q Q
i.e. 36 months as the starting point. The defendant pleaded guilty at the
R
earliest stage and is entitled to one third discount. On the issue of delay, it R
took more than 4 years to bring the case to the court and it certainly affected
S S
the rehabilitation of a young person like the defendant. However, the
T
Police clarified that the defendant was in fact arrested twice for this case, T
5
U See paragraph 15 U
V V
-7-
A A
B B
first in 2020 and later in 2024. After about a year after the first arrest, the
C defendant was discharged by the Police and bail money had been returned C
to her. Therefore, the negative effect of delay, if any, was mitigated to
D D
some extent. In any event, I agree that there was delay in this case and will
E give the defendant a further discount of 4 months. E
F F
17. Prosecution has furnished with the court a witness statement
G dated 27 November 2025 of Chief Inspector Li Yiu-nam of the Money G
Laundering and Terrorist Financing Risk Assessment of the Financial
H H
Intelligence and Investigation Bureau, Hong Kong Police Force. The
I information provided by Chief Inspector LI shows the prevalence of money I
laundering offence in recent years in Hong Kong and the extent of harm
J J
caused to the community. Though the number of cases in 2025 involving
K the use of stooge accounts is less than 2024, there is no question that this K
type of offence remains very prevalent and deterrence sentence is needed.
L L
M 18. Considered all the information I am satisfied that M
enhancement of sentence is appropriate in this case. Having regard to the
N N
circumstances of the case, I am of the view that 25% enhancement is
O appropriate. O
P P
19. As a result, after enhancing the sentence by 25%, the
Q defendant is sentenced to 25 months’ imprisonment. Q
R R
S S
T ( Jason Wan ) T
Deputy District Judge
U U
V V
A A
B B
DCCC 97/2025
C [2025] HKDC 2089 C
D D
IN THE DISTRICT COURT OF THE
E HONG KONG SPECIAL ADMINISTRATIVE REGION E
CRIMINAL CASE NO 97 OF 2025
F F
G ------------------------------ G
HKSAR
H H
v
I FU SZE MAN I
------------------------------
J J
K Before: Deputy District Judge Jason Wan in Court K
Date: 5 December 2025
L L
Present: Mr FAN S.Y., Edward, Counsel on fiat, for HKSAR
M Ms KO Cho Wing, Stephanie, instructed by Messrs Cheng & M
Ng, assigned by the Director of Legal Aid for the defendant
N N
Offence: Dealing with property known or believed to represent
O proceeds of an indictable offence (處理已知道或相信為代 O
P 表從可公訴罪行的得益的財產) P
Q Q
--------------------------------------------------
R REASONS FOR SENTENCE R
--------------------------------------------------
S S
T T
U U
V V
-2-
A A
B B
1. The defendant is facing one count of Dealing with property
C known or believed to represent proceeds of an indictable offence 1. After C
pleaded guilty to the charge and admitted the summary of facts, the
D D
defendant was convicted accordingly.
E E
Summary of Facts
F F
G 2. The alleged predicate offence in this case is lending at G
excessive interest rates. On 11 February 2020, Mr. Chung Lai Wing (“Mr.
H H
Chung”) borrowed a sum of HK$2,000 from an unknown source pursuant
I to an online advertisement. He received only $1,200 from the lender and I
$800 was charged as administrative fee. It was agreed that Mr. Chung had
J J
to repay HK$200 per week until he paid up to HK$2,200. Further, there
K would be penalty for late repayment. Mr. Chung was instructed to make K
his repayment to an HSBC bank account numbered 064-152796-001 (“the
L L
said account”).
M M
3. Between 18 February and 8 April 2020, Mr. Chung made
N N
repayments of a total of HK$4,600 by transferring money into the said
O account. O
P P
4. Since 8 April 2020, Mr. Chung stopped making repayment as
Q Q
he thought he had fully repaid the loan. Shortly after, he began to receive
R
dunning text messages. On 19 April 2020, someone splashed red paint at R
the home of Mr. Chung. Mr. Chung contacted the lender and the lender
S S
demanded a repayment of HK$20,000. On 20 April 2020, Mr. Chung
T T
1
Contrary to section 25(1) and (3) of the Organized and Serious Crimes Ordinance, Cap. 455, Laws of
U Hong Kong U
V V
-3-
A A
B B
made the repayment as instructed by the lender. Later, he made a report to
C the Police. C
D D
5. After investigation, it was discovered that the said account
E was opened by the defendant on 12 November 2019 and the defendant was E
the sole account holder and signatory at all material times.
F F
G 6. Transaction records of the said account between 23 November G
2019 and 26 June 2020 recorded 3,159 deposits totaling HK$3,062,350.
H H
During the same period, there were 261 withdrawals amounting to
I HK$3,044,100. Mirror pattern of deposits and withdrawals were noted. I
J J
7. On 10 June 2020, the defendant was arrested by the Police.
K Under caution, the defendant said that the said account was not used by her K
and she had lent the said account to a person called “Ho Yin”. The Police
L L
conducted a video-recorded interview with the defendant on the same day.
M Under caution, the defendant said she met “Ho Yin” at a bar. “Ho Yin” M
asked the defendant to open a bank account and lend it to him and in return,
N N
“Ho Yin” would pay her HK$2,000. Since she was in need of money, she
O agreed to do it. The defendant later went to the HSBC Bank to open the O
said account and passed the account opening documents, ATM card and
P P
passcode to the ATM to “Ho Yin”. Later, she lost contact with “Ho Yin”
Q Q
and never received any reward.
R R
8. The defendant now admits, at the material times in Hong
S S
Kong, together with another person, knowing or having reasonable
T
grounds to believe that property, namely a sum of HK$3,061,750 in the T
U U
V V
-4-
A A
B B
said account, in whole or in part directly or indirectly represented proceeds
C of an indictable offence, dealt with the said property. C
D D
Mitigation
E E
9. The defendant is 26 years of age and single. She was born
F F
locally and received education up to Form 3. She works as a hair stylist
G assistant since 2018 and earns around HK$8,000 per month. The defendant G
lives with her mother. Unfortunately her mother is a disabled person and
H H
the defendant is the main carer. The defendant is a person of clear record.
I I
10. Defence submitted that the defendant is genuinely remorseful.
J J
Concerning the offence, it was submitted that there is no evidence that the
K defendant knew what the predicate offence was and her involvement is K
only limited to lending out her bank account. Defence submitted, ever
L L
since she was arrested by the Police, the defendant has been working hard
M to keep her life in order and reflected a lot about her wrongdoing. The M
defendant vowed to stay on the right path and turn over a new leaf. Defence
N N
also urged the court to consider giving the defendant a further discount for
O the delay of prosecution in this case. The defendant was arrested in June O
2020 and it was only in December 2024 that she was first brought to court.
P P
All in all, Defence urged the court to consider all the circumstances and
Q Q
impose a lenient sentence.
R R
11. As to the Prosecution’s application for enhancement of
S S
sentence, Defence submitted that the updated figures show that the trend
T
seems to slow down in 2025 and therefore enhancement on the basis of T
prevalence could not be justified.
U U
V V
-5-
A A
B B
C Sentencing Consideration C
D D
12. There is no need to emphasize that money laundering is a very
E serious offence. Not only does it encourage criminal activities indirectly, E
but it also helps criminals to legitimize the proceeds of crime. The Court
F F
of Appeal in cases like HKSAR v Hsu Yu Yi2, Secretary for Justice v Wan
G Kwok Keung 3 and HKSAR v Boma 4 has already set out the sentencing G
principles for this offence. The factors to be taken into account are:
H H
I (a) the amount of money involved; I
J J
(b) the level of participation of the defendant;
K K
(c) the nature of the predicate offence;
L L
M (d) the defendant’s knowledge of the nature of the M
predicate offence;
N N
O (e) whether there is any international element; O
P P
(f) the sophistication of the offence; and
Q Q
R
(g) duration of the offence. R
S S
T 2
T
[2010] 5 HKLRD 545
3
[2012] 1 HKLRD 201
4
U [2012] 2 HKLRD 33 U
V V
-6-
A A
B B
13. The Court of Appeal repeatedly said there is no guideline for
C this offence. However, it was suggested in Wan Kwok Keung that if the C
“black money” involved is between HK$3 million and HK$6 million, the
D D
sentencing starting point could be about 4 years5.
E E
14. Based on the facts admitted by the defendant, the court is
F F
prepared to accept that she did not have any knowledge of the predicate
G offence and her level of participation is at the lower end. The amount of G
money involved in the charge is about HK$3 million. It certainly is not a
H H
small amount but it is not particularly large in this kind of cases. There is
I no evidence that this case involved any international element. I
J J
15. The court also considered the personal background of the
K defendant. She is a first offender and showed her remorse by pleading K
guilty to the charge. When she committed the offence, she was only about
L L
20 years old. Further, she needs to take care of her mother and it is not
M difficult to imagine the impact on her mother caused by the defendant’s M
incarceration. I also note that the defendant is well supported by family
N N
and friends. Her mother, her social worker and some friends are all present
O in court to support the defendant. O
P P
16. Considered all circumstances, I adopt 3 years’ imprisonment,
Q Q
i.e. 36 months as the starting point. The defendant pleaded guilty at the
R
earliest stage and is entitled to one third discount. On the issue of delay, it R
took more than 4 years to bring the case to the court and it certainly affected
S S
the rehabilitation of a young person like the defendant. However, the
T
Police clarified that the defendant was in fact arrested twice for this case, T
5
U See paragraph 15 U
V V
-7-
A A
B B
first in 2020 and later in 2024. After about a year after the first arrest, the
C defendant was discharged by the Police and bail money had been returned C
to her. Therefore, the negative effect of delay, if any, was mitigated to
D D
some extent. In any event, I agree that there was delay in this case and will
E give the defendant a further discount of 4 months. E
F F
17. Prosecution has furnished with the court a witness statement
G dated 27 November 2025 of Chief Inspector Li Yiu-nam of the Money G
Laundering and Terrorist Financing Risk Assessment of the Financial
H H
Intelligence and Investigation Bureau, Hong Kong Police Force. The
I information provided by Chief Inspector LI shows the prevalence of money I
laundering offence in recent years in Hong Kong and the extent of harm
J J
caused to the community. Though the number of cases in 2025 involving
K the use of stooge accounts is less than 2024, there is no question that this K
type of offence remains very prevalent and deterrence sentence is needed.
L L
M 18. Considered all the information I am satisfied that M
enhancement of sentence is appropriate in this case. Having regard to the
N N
circumstances of the case, I am of the view that 25% enhancement is
O appropriate. O
P P
19. As a result, after enhancing the sentence by 25%, the
Q defendant is sentenced to 25 months’ imprisonment. Q
R R
S S
T ( Jason Wan ) T
Deputy District Judge
U U
V V