區域法院（刑事）H.H. Judge G. Lam4/12/2025[2025] HKDC 2096
DCCC267/2025
由此
A A
B DCCC 267/2025 B
[2025] HKDC 2096
C C
IN THE DISTRICT COURT OF THE
D D
HONG KONG SPECIAL ADMINISTRATIVE REGION
E CRIMINAL CASE NO. 267 OF 2025 E
F
____________ F
G HKSAR G
v
H H
HUI Miu-miu
I ____________ I
J J
Before : H.H. Judge G. Lam
K Date : 5 December 2025 K
Present : Ms. Alison Mo, PP, of the Department of Justice,
for HKSAR.
L L
Ms. Bu Yanan instructed by M/s Victor Yeung &
Co., assigned by the Director of Legal Aid, for the
M M
defendant.
Offence : Dealing with property known or believed to
N represent proceeds of an indictable offence（處理 N
已知道或相信為代表從可公訴罪行的得益的
O 財產） O
P P
REASONS FOR SENTENCE
Q Q
R R
The defendant pleaded guilty to a charge of "Money
S S
laundering". In short, she lent her bank account to someone.
T T
U U
V V
由此
- 2 -
A A
Summary of Facts
B B
C 2. On 26 November 2021, the defendant opened a bank account C
D (No.454-353525-833) with HSBC (the "Account"). She was its sole D
E
signatory. In the opening mandate, the defendant claimed to be a clerk, E
earning $180,000 per year and residing in a public housing unit.
F F
G G
Deception
H H
I 3. During the offence period, Madam Li (PW1) was deceived in a I
J
typical "Pretending to be mainland official" telephone scam. One of the two J
callers, who pretended to be a mainland police officer, asked PW1 to
K K
disclose to him all her bank accounts and passwords for investigation. As a
L L
result, funds in her bank account(s) were transferred to other bank accounts
M M
including the Account. In particular, a total sum of $2.61 million was
N N
transferred to the Account by PW1. PW1 reported the matter to the Police.
O O
P P
Deposits and withdrawals
Q Q
4. Between 26 November 2021 and 26 May 2022, the Account
R R
received 28 deposits, which aggregated to a sum of $2,611,310 (including
S S
the $2.61 million from PW1). Within the same period, 29 withdrawals were
T T
made, which aggregated to a sum of $2,611,210. Based on the timing and
U U
V V
由此
- 3 -
A A
amount of the deposits and withdrawals, the Police found a "mirror pattern"
B B
in those transactions, which is a typical indicator of money laundering.
C C
D D
Arrest
E E
5. The defendant was arrested on 17 January 2023. In her video
F F
recorded interview, she admitted having opened the Account. She lent it to
G G
her friend Wong Tsz Ying. The defendant also claimed that she had reported
H H
loss of her ATM card to HSBC in mid-2022.
I I
J J
6. The defendant's reported income and tax records are not
K K
commensurate with the magnitude of the deposits received by the Account.
L L
M 7. The defendant now admits that during the offence period, she, M
N together with Wong Tsz Ying, knowing or having reasonable grounds to N
believe that the total sum of $2,611,310 received by the Account, in whole
O O
or in part, directly or indirectly, represented the proceeds of an indictable
P P
offence, had dealt with the said sum.
Q Q
R R
S S
T T
U U
V V
由此
- 4 -
A A
Mitigation & Sentence
B B
C 8. The defendant is 28 and single. She has 1 conviction record, C
D which is also a "money laundering" offence. Defence counsel Ms. Bu D
E
informed me that the defendant used to work in a financial company earning E
$15,000 per month. Owing to the stress at work, she switched to a part-time
F F
secretary job in 2024 earning $5,000 per month.
G G
H H
9. In mitigation, Ms. Bu submitted that the defendant and Miss
I I
Wong Tsz Ying have been friends since primary school. Miss Wong has
J J
helped the defendant repaying her debts. Regarding the present offence,
K K
Miss Wong asked the defendant to open a bank account for Miss Wong to
L deal with some money transfers. Miss Wong offered the defendant 1% of L
M the total transaction sum as her reward. In view of their friendship, the M
N defendant opened the Account and gave the bank card to Miss Wong N
without checking how the Account was used.
O O
P P
10. The prosecution has applied for an enhanced sentence pursuant
Q Q
to section 27(2)(c) and (d) of the Organized and Serious Crimes Ordinance
R R
(Cap.455) on the basis of prevalence as well as the nature and extent of harm
S S
caused to the community. Ms. Bu did not object.
T T
U U
V V
由此
- 5 -
A A
11. I bear in mind the Court of Appeal's decision in HKSAR v Xu
B B
Mai Qing CACC 464/2005, whereas Yeung JA (as he then was) held "Under
C C
section 27(11) of OSCO, what the prosecution has to prove is the prevalence
D D
of the offence, not the increase in the number of such offences1."
E E
F F
12. I have read the witness statement of CIP Li dated 31 October
G 2025. I am satisfied that in 2022, deception-related money laundering cases G
H were prevalent in Hong Kong in terms of the number of cases as well as the H
I total value of monetary loss. I
J J
13. There is clear and cogent evidence before me that money
K K
laundering through bank accounts opened by "ML Stooges" remains
L L
widespread in Hong Kong today. What true criminals need are gullible
M M
scapegoats, like the defendant in the present case, who would take the blame
N N
for them when law enforcement takes action. The court must send a clear
O O
message to the general public that people who play the role of "ML Stooge"
P P
will receive severe punishment, so that there is a deterrent effect. When
Q there are few or no willing "ML Stooges", criminal activities which rely on Q
R their bank accounts will fail. R
S S
T T
1
Paragraph 16 on p.4 of the judgment.
U U
V V
由此
- 6 -
A A
14. This is a typical case of money laundering by way of a stooge
B B
bank account. Even if the defendant did not know about the phone
C C
deception against PW1, such a scam would have been meaningless without
D D
the Account. Assuming what the defendant said is true, given her role, the
E E
total sum which went through the Account and the overall circumstances, I
F F
grant the prosecution's application and will enhance the sentence by 25%.
G G
H 15. The Court of Appeal in SJ v Wan Kwok Keung [2012] 1 H
I HKLRD 201 held :- I
J Generally, the sentence for "money laundering" offences should mainly J
reflect the amount of "black money" laundered and not the benefit obtained
K by the defendant or others. The reason being that it is very difficult to prove K
the benefit concerned, and in most "money laundering" cases, there may
L L
not be evidence to show from what indictable offence the "black money" are
in fact derived. Of course, if there is information to prove that the "black
M M
money" is originated from serious crimes, including drug trafficking,
N kidnap and blackmail, illegal human trafficking, other organized crimes, N
etc. or the defendant's benefit is huge, then the sentence should be adjusted
O O
upward.2
P P
Q 16. In determining the proper starting point, I have reminded Q
R
myself of the sentencing principles laid down in HKSAR v Hsu Yu Yi [2010] R
5 HKLRD 545 and HKSAR v Boma Amaso [2012] 2 HKLRD 33. I have
S S
T T
2
Paragraphs 12 and 13, pp 204-205.
U U
V V
由此
- 7 -
A A
also borne in mind the amount of money involved, the duration of the
B B
offence, the defendant's role in relation to the movements of funds as well as
C C
her personal circumstances.
D D
E E
17. In SJ v Ngai Fung Sin Apple [2013] 5 HKLRD 104, Yeung V-P
F F
held :-
G G
Generally speaking, the sentence passed in a "money laundering" case is
primarily to reflect the amount of the "illicit/black money" involved.
H H
Neither the fact that the "illicit/black money" was actually not derived from
I an indictable offence nor the defendant's ignorance of the actual source of I
the "illicit/black money" is necessarily a valid mitigating factor…3
J J
K K
18. I accept there is no evidence showing that the defendant was
L L
involved in or had any knowledge of any predicate offence. As the sole
M M
owner of the Account, the defendant should have retained its ultimate
N control and paid attention to its transactions on a regular basis. On the other N
O hand, I cannot overlook the fact that a total sum of $2.6 million odd went O
P
through the Account within a period of 6 months (and basically all of which P
came from PW1).
Q Q
R R
S S
T T
3
Paragraph 44, p 114.
U U
V V
由此
- 8 -
A A
19. By lending her bank account to someone and thus allowing
B B
funds of unknown origins to pass through the Account, the defendant played
C C
a pivotal role in helping the mastermind(s) of criminal activities to access
D D
their illegal funds without revealing their identities.
E E
F F
20. I consider a starting point of 3 years' imprisonment appropriate
G and just4. With the timely guilty plea, the sentence is reduced to 24 months. G
H With the 25% enhancement, the sentence becomes 30 months. H
I I
J
21. Ms. Bu has informed me that the defendant in fact had a clear J
record at the time of the present offence. She and Miss Wong were involved
K K
in another similar offence in ESCC 369/2024, for which the defendant was
L L
sentenced to 20 months' imprisonment in May 2024. The defendant has
M M
finished serving her sentence in ESCC 369/2024 and was discharged on 26
N N
June 2025. Ms. Bu submitted that had both cases been dealt with around the
O O
same time (even by different courts), the defendant could have been
P P
benefited from the totality principle. I agree with Ms. Bu. Hence, I exercise
Q my discretion to reduce the defendant's sentence to 26 months. This is the Q
R best I can do within my powers. Apart from this, I see no other mitigating R
S S
4
According to Wan Kwok Keung (supra), the starting point is 3 years or so where the "black
T money" involved is between $1 million and $2 million; and 4 years or so where it is between $3 T
million and $6 million. (See paragraph 15 of the judgment)
U U
V V
由此
- 9 -
A A
factors which warrant any further reduction. I sentence the defendant to 26
B B
months' imprisonment.
C C
D D
22. For the record, Ms. Mo for the prosecution informed me that
E E
the present case and ESCC 369/2024 did not arise from the same police
F F
operation; both cases involved different victims and were investigated by
G different teams. G
H H
I I
(G. Lam)
J District Judge J
K K
L L
M M
N N
O O
P P
Q Q
R R
S S
T T
U U
V V
由此
A A
B DCCC 267/2025 B
[2025] HKDC 2096
C C
IN THE DISTRICT COURT OF THE
D D
HONG KONG SPECIAL ADMINISTRATIVE REGION
E CRIMINAL CASE NO. 267 OF 2025 E
F
____________ F
G HKSAR G
v
H H
HUI Miu-miu
I ____________ I
J J
Before : H.H. Judge G. Lam
K Date : 5 December 2025 K
Present : Ms. Alison Mo, PP, of the Department of Justice,
for HKSAR.
L L
Ms. Bu Yanan instructed by M/s Victor Yeung &
Co., assigned by the Director of Legal Aid, for the
M M
defendant.
Offence : Dealing with property known or believed to
N represent proceeds of an indictable offence（處理 N
已知道或相信為代表從可公訴罪行的得益的
O 財產） O
P P
REASONS FOR SENTENCE
Q Q
R R
The defendant pleaded guilty to a charge of "Money
S S
laundering". In short, she lent her bank account to someone.
T T
U U
V V
由此
- 2 -
A A
Summary of Facts
B B
C 2. On 26 November 2021, the defendant opened a bank account C
D (No.454-353525-833) with HSBC (the "Account"). She was its sole D
E
signatory. In the opening mandate, the defendant claimed to be a clerk, E
earning $180,000 per year and residing in a public housing unit.
F F
G G
Deception
H H
I 3. During the offence period, Madam Li (PW1) was deceived in a I
J
typical "Pretending to be mainland official" telephone scam. One of the two J
callers, who pretended to be a mainland police officer, asked PW1 to
K K
disclose to him all her bank accounts and passwords for investigation. As a
L L
result, funds in her bank account(s) were transferred to other bank accounts
M M
including the Account. In particular, a total sum of $2.61 million was
N N
transferred to the Account by PW1. PW1 reported the matter to the Police.
O O
P P
Deposits and withdrawals
Q Q
4. Between 26 November 2021 and 26 May 2022, the Account
R R
received 28 deposits, which aggregated to a sum of $2,611,310 (including
S S
the $2.61 million from PW1). Within the same period, 29 withdrawals were
T T
made, which aggregated to a sum of $2,611,210. Based on the timing and
U U
V V
由此
- 3 -
A A
amount of the deposits and withdrawals, the Police found a "mirror pattern"
B B
in those transactions, which is a typical indicator of money laundering.
C C
D D
Arrest
E E
5. The defendant was arrested on 17 January 2023. In her video
F F
recorded interview, she admitted having opened the Account. She lent it to
G G
her friend Wong Tsz Ying. The defendant also claimed that she had reported
H H
loss of her ATM card to HSBC in mid-2022.
I I
J J
6. The defendant's reported income and tax records are not
K K
commensurate with the magnitude of the deposits received by the Account.
L L
M 7. The defendant now admits that during the offence period, she, M
N together with Wong Tsz Ying, knowing or having reasonable grounds to N
believe that the total sum of $2,611,310 received by the Account, in whole
O O
or in part, directly or indirectly, represented the proceeds of an indictable
P P
offence, had dealt with the said sum.
Q Q
R R
S S
T T
U U
V V
由此
- 4 -
A A
Mitigation & Sentence
B B
C 8. The defendant is 28 and single. She has 1 conviction record, C
D which is also a "money laundering" offence. Defence counsel Ms. Bu D
E
informed me that the defendant used to work in a financial company earning E
$15,000 per month. Owing to the stress at work, she switched to a part-time
F F
secretary job in 2024 earning $5,000 per month.
G G
H H
9. In mitigation, Ms. Bu submitted that the defendant and Miss
I I
Wong Tsz Ying have been friends since primary school. Miss Wong has
J J
helped the defendant repaying her debts. Regarding the present offence,
K K
Miss Wong asked the defendant to open a bank account for Miss Wong to
L deal with some money transfers. Miss Wong offered the defendant 1% of L
M the total transaction sum as her reward. In view of their friendship, the M
N defendant opened the Account and gave the bank card to Miss Wong N
without checking how the Account was used.
O O
P P
10. The prosecution has applied for an enhanced sentence pursuant
Q Q
to section 27(2)(c) and (d) of the Organized and Serious Crimes Ordinance
R R
(Cap.455) on the basis of prevalence as well as the nature and extent of harm
S S
caused to the community. Ms. Bu did not object.
T T
U U
V V
由此
- 5 -
A A
11. I bear in mind the Court of Appeal's decision in HKSAR v Xu
B B
Mai Qing CACC 464/2005, whereas Yeung JA (as he then was) held "Under
C C
section 27(11) of OSCO, what the prosecution has to prove is the prevalence
D D
of the offence, not the increase in the number of such offences1."
E E
F F
12. I have read the witness statement of CIP Li dated 31 October
G 2025. I am satisfied that in 2022, deception-related money laundering cases G
H were prevalent in Hong Kong in terms of the number of cases as well as the H
I total value of monetary loss. I
J J
13. There is clear and cogent evidence before me that money
K K
laundering through bank accounts opened by "ML Stooges" remains
L L
widespread in Hong Kong today. What true criminals need are gullible
M M
scapegoats, like the defendant in the present case, who would take the blame
N N
for them when law enforcement takes action. The court must send a clear
O O
message to the general public that people who play the role of "ML Stooge"
P P
will receive severe punishment, so that there is a deterrent effect. When
Q there are few or no willing "ML Stooges", criminal activities which rely on Q
R their bank accounts will fail. R
S S
T T
1
Paragraph 16 on p.4 of the judgment.
U U
V V
由此
- 6 -
A A
14. This is a typical case of money laundering by way of a stooge
B B
bank account. Even if the defendant did not know about the phone
C C
deception against PW1, such a scam would have been meaningless without
D D
the Account. Assuming what the defendant said is true, given her role, the
E E
total sum which went through the Account and the overall circumstances, I
F F
grant the prosecution's application and will enhance the sentence by 25%.
G G
H 15. The Court of Appeal in SJ v Wan Kwok Keung [2012] 1 H
I HKLRD 201 held :- I
J Generally, the sentence for "money laundering" offences should mainly J
reflect the amount of "black money" laundered and not the benefit obtained
K by the defendant or others. The reason being that it is very difficult to prove K
the benefit concerned, and in most "money laundering" cases, there may
L L
not be evidence to show from what indictable offence the "black money" are
in fact derived. Of course, if there is information to prove that the "black
M M
money" is originated from serious crimes, including drug trafficking,
N kidnap and blackmail, illegal human trafficking, other organized crimes, N
etc. or the defendant's benefit is huge, then the sentence should be adjusted
O O
upward.2
P P
Q 16. In determining the proper starting point, I have reminded Q
R
myself of the sentencing principles laid down in HKSAR v Hsu Yu Yi [2010] R
5 HKLRD 545 and HKSAR v Boma Amaso [2012] 2 HKLRD 33. I have
S S
T T
2
Paragraphs 12 and 13, pp 204-205.
U U
V V
由此
- 7 -
A A
also borne in mind the amount of money involved, the duration of the
B B
offence, the defendant's role in relation to the movements of funds as well as
C C
her personal circumstances.
D D
E E
17. In SJ v Ngai Fung Sin Apple [2013] 5 HKLRD 104, Yeung V-P
F F
held :-
G G
Generally speaking, the sentence passed in a "money laundering" case is
primarily to reflect the amount of the "illicit/black money" involved.
H H
Neither the fact that the "illicit/black money" was actually not derived from
I an indictable offence nor the defendant's ignorance of the actual source of I
the "illicit/black money" is necessarily a valid mitigating factor…3
J J
K K
18. I accept there is no evidence showing that the defendant was
L L
involved in or had any knowledge of any predicate offence. As the sole
M M
owner of the Account, the defendant should have retained its ultimate
N control and paid attention to its transactions on a regular basis. On the other N
O hand, I cannot overlook the fact that a total sum of $2.6 million odd went O
P
through the Account within a period of 6 months (and basically all of which P
came from PW1).
Q Q
R R
S S
T T
3
Paragraph 44, p 114.
U U
V V
由此
- 8 -
A A
19. By lending her bank account to someone and thus allowing
B B
funds of unknown origins to pass through the Account, the defendant played
C C
a pivotal role in helping the mastermind(s) of criminal activities to access
D D
their illegal funds without revealing their identities.
E E
F F
20. I consider a starting point of 3 years' imprisonment appropriate
G and just4. With the timely guilty plea, the sentence is reduced to 24 months. G
H With the 25% enhancement, the sentence becomes 30 months. H
I I
J
21. Ms. Bu has informed me that the defendant in fact had a clear J
record at the time of the present offence. She and Miss Wong were involved
K K
in another similar offence in ESCC 369/2024, for which the defendant was
L L
sentenced to 20 months' imprisonment in May 2024. The defendant has
M M
finished serving her sentence in ESCC 369/2024 and was discharged on 26
N N
June 2025. Ms. Bu submitted that had both cases been dealt with around the
O O
same time (even by different courts), the defendant could have been
P P
benefited from the totality principle. I agree with Ms. Bu. Hence, I exercise
Q my discretion to reduce the defendant's sentence to 26 months. This is the Q
R best I can do within my powers. Apart from this, I see no other mitigating R
S S
4
According to Wan Kwok Keung (supra), the starting point is 3 years or so where the "black
T money" involved is between $1 million and $2 million; and 4 years or so where it is between $3 T
million and $6 million. (See paragraph 15 of the judgment)
U U
V V
由此
- 9 -
A A
factors which warrant any further reduction. I sentence the defendant to 26
B B
months' imprisonment.
C C
D D
22. For the record, Ms. Mo for the prosecution informed me that
E E
the present case and ESCC 369/2024 did not arise from the same police
F F
operation; both cases involved different victims and were investigated by
G different teams. G
H H
I I
(G. Lam)
J District Judge J
K K
L L
M M
N N
O O
P P
Q Q
R R
S S
T T
U U
V V