DCCC1360/2024 HKSAR v. TSE PUI YI, FLORA - LawHero
DCCC1360/2024
區域法院（刑事）H.H. Judge G. Lam15/12/2025[2025] HKDC 2128
DCCC1360/2024
由此
A A
B DCCC 1360/2024 B
[2025] HKDC 2128
C C
IN THE DISTRICT COURT OF THE
D D
HONG KONG SPECIAL ADMINISTRATIVE REGION
E CRIMINAL CASE NO. 1360 OF 2024 E
F
____________ F
G HKSAR G
v
H H
TSE Pui-yi, Flora
I ____________ I
J J
Before : H.H. Judge G. Lam
K Date : 16 December 2025 K
Present : Mr. Derrick Lee, PP, of the Department of Justice,
for HKSAR.
L L
Mr. Henry Ng instructed by M/s KCL & Partners,
for the defendant.
M M
Offence : Dealing with property known or believed to
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 N
財產）
O O
P P
REASONS FOR SENTENCE
Q Q
R The defendant pleaded guilty to a charge of "Money R
S laundering". In short, she let someone use her bank account. S
T T
U U
V V
由此
- 2 -
A A
Summary of Facts
B B
C 2. On 21 September 2020, the defendant opened a bank account C
D (No.012-735-2-018347-6) with the Bank of China (the "Account"). She D
E
was its sole signatory. In the opening mandate, the defendant claimed to be E
residing in a public housing unit.
F F
G G
Phone deception
H H
I 3. Between October and November 2020, Mr. Spear (PW1), a US I
J
citizen, was deceived in a "Pretending to be law enforcement officer" J
telephone scam. In order to prove his innocence, PW1 was asked to transfer
K K
sums of money to various bank accounts, which aggregated to a sum of
L L
US$454,000. Of the transfers he made, three in the sums of US$114,992.30,
M M
US$99,492.30 and US$99,500 were remitted to the Account. PW1 later
N N
realized that he was deceived and reported the matter to Hong Kong Police.
O O
P P
Deposits and withdrawals
Q Q
4. Between 15 October and 26 November 2020, the Account
R R
received 10 remittances, which aggregated to a sum of US$653,880.70
S S
(including the 3 sums from PW1). Each remittance was disposed of within
T T
7.5 hours after receipt. The Account was closed on 17 December 2020 with
U U
V V
由此
- 3 -
A A
a balance of HK$92.88. Based on the timing and amount of the deposits and
B B
withdrawals, the Police found a "mirror pattern" in those transactions, which
C C
is a typical indicator of money laundering.
D D
E E
Arrest
F F
5. The defendant was arrested on 3 September 2021 at her home
G G
in Sau Mau Ping. After a house search, the Police found 2 remittance
H H
th th
advices in respect of the 9 and 10 remittances (money wired in by 2
I I
different persons from the United States).
J J
K K
6. The defendant's reported income and tax records are not
L commensurate with the magnitude of the deposits received by the Account. L
M M
N 7. The defendant now admits that during the offence period, she, N
knowing or having reasonable grounds to believe that the total sum of
O O
US$653,880.70 received by the Account, in whole or in part, directly or
P P
indirectly, represented the proceeds of an indictable offence, had dealt with
Q Q
the said sum.
R R
S S
T T
U U
V V
由此
- 4 -
A A
Mitigation & Sentence
B B
C 8. The defendant is 23 and has a clear record. Defence counsel C
D Mr. Ng informed me that the defendant was only 18 when she committed D
E
the offence. She is now supposed to be a third-year Fashion Design major at E
a local university. Unfortunately, she suffers from Major Depressive
F F
Disorder because of this case. She needs to receive regular psychiatric
G G
treatment (both consultation and medication). As a result, she is taking
H H
voluntary leave from school. She is expected to resume her studies in the
I I
2025-26 academic year Semester 31. According to Mr. Ng, the defendant is
J J
only allowed to take up to 2 years of voluntary leave; otherwise she will be
K K
expelled from the university2. It is unclear as to when the defendant must
L resume her studies. The information presented to me seems to indicate that L
M she has only been granted 2 semesters of leave so far. M
N N
9. In mitigation, Mr. Ng submitted that the defendant mistrusted a
O O
close female friend ("Y") from secondary school. Y suggested that both she
P P
and the defendant lend their bank accounts to a friend of Y's. After the
Q Q
defendant had lent the Account to Y's friend, Y told the defendant that due to
R R
personal reasons, Y could not lend her own bank account to Y's friend. Yet,
S S
1
Letter dated 27 August 2025 from the School of Fashion and Textiles, The Hong Kong
T Polytechnic University (Document 11, Mitigation Bundle). T
2
Paragraph 99 of Mr. Ng's written submissions dated 5 November 2025.
U U
V V
由此
- 5 -
A A
the defendant had failed to notice the peculiarities of what Y had asked her
B B
to do. Finally, Mr. Ng complained about undue delay in this case.
C C
D D
10. I will deal with the issue of "delay" first. Mr. Lee for the
E E
prosecution has helpfully prepared a Chronology of Events for my reference.
F F
According to the chronology, after receiving PW1's complaint in March
G 2021, the police had in mind 3 suspects (Zhao, Yu and the defendant). The G
H defendant and Zhao were arrested in September 2021. In November 2021, H
I the police found out that Yu was in Taiwan and listed him as a wanted person. I
J
The defendant was unconditionally released in April 2022. J
K K
11. Yu was arrested in April 2023. In July 2023, the police sought
L L
legal advice from the Department of Justice (DoJ) regarding Yu. In October
M M
2023, the police withdrew Yu's case file from the DoJ due to missing bank
N N
records. On 7 November 2023, the police sought legal advice from the DoJ
O O
regarding Zhao. On 17 November 2023, the DoJ issued advice regarding
P P
Zhao. On 20 February 2024, the police sought legal advice from the DoJ
Q regarding Yu. On 28 February 2024, the DoJ issued advice regarding Yu. Q
R R
S
12. On 19 April 2024, the police sought legal advice from the DoJ S
regarding the defendant. On 8 August 2024, the DoJ issued advice
T T
U U
V V
由此
- 6 -
A A
regarding the defendant. The defendant was charged on 9 September 2024
B B
and was brought to a magistracy on the following day. This case first
C C
reached the District Court on 12 November 2024. After a mention hearing
D D
in January 2025, on 1 April 2025, the defendant indicated her intention to
E E
plead guilty to the charge. This case was then fixed for plea on 12
F F
November 2025.
G G
H 13. Based on the chronology, I am unable to see that anything H
I substantive was done in relation to the defendant between her initial arrest in I
J
September 2021 and the submission of the case file to the DoJ for legal J
advice in April 2024. Compared with the police, the DoJ acted relatively
K K
promptly, issuing advice regarding the defendant in August 2024. I have
L L
asked Mr. Lee what the police's initial view of the defendant was (i.e.
M M
whether she was a main target or an offshoot during the investigation). Mr.
N N
Lee informed me that the investigating officer of this case had been replaced
O O
twice, and the OC Case at least once. The prosecution is unable to obtain a
P P
comprehensive record of the progress of this case.
Q Q
R 14. The ball, at least the portion related the defendant, was in the R
S
police's side of the court for 2.5 years. Then it took the DoJ 4 months to S
issue legal advice. In other words, from initial arrest to formally charging
T T
U U
V V
由此
- 7 -
A A
the defendant, it took roughly 3 years. Without further information
B B
regarding what the police had done in those 2.5 years, I consider it undue
C C
delay. In any event, from the initial arrest to her guilty plea before me, the
D D
defendant was in agony for 4 years. She has my sympathy.
E E
F F
15. The prosecution has applied for an enhanced sentence pursuant
G to section 27(2)(c) and (d) of the Organized and Serious Crimes Ordinance G
H (Cap.455) on the basis of prevalence as well as the nature and extent of harm H
I caused to the community. Mr. Ng did not object. I
J J
16. I bear in mind the Court of Appeal's decision in HKSAR v Xu
K K
Mai Qing CACC 464/2005, whereas Yeung JA (as he then was) held "Under
L L
section 27(11) of OSCO, what the prosecution has to prove is the prevalence
M M
of the offence, not the increase in the number of such offences3."
N N
O O
17. I have read the witness statement of CIP Li dated 21 October
P P
2025. I am satisfied that in 2020, deception-related money laundering cases
Q were prevalent in Hong Kong in terms of the number of cases as well as the Q
R total value of monetary loss. R
S S
T T
3
Paragraph 16 on p.4 of the judgment.
U U
V V
由此
- 8 -
A A
18. There is clear and cogent evidence before me that money
B B
laundering through bank accounts opened by "ML Stooges" remains
C C
widespread in Hong Kong today. What true criminals need are gullible
D D
scapegoats, like the defendant in the present case, who would take the blame
E E
for them when law enforcement takes action. The court must send a clear
F F
message to the general public that people who play the role of "ML Stooge"
G will receive severe punishment, so that there is a deterrent effect. When G
H there are few or no willing "ML Stooges", criminal activities which rely on H
I their bank accounts will fail. I
J J
19. This is a typical case of money laundering by way of a stooge
K K
bank account. Even if the defendant did not know about the phone
L L
deception against PW1, such a scam would have been meaningless without
M M
the Account. Assuming what the defendant said is true, given her role, the
N N
total sum which went through the Account and the overall circumstances, I
O O
grant the prosecution's application and will enhance the sentence by 25%.
P P
Q 20. The Court of Appeal in SJ v Wan Kwok Keung [2012] 1 Q
R HKLRD 201 held :- R
S Generally, the sentence for "money laundering" offences should mainly S
reflect the amount of "black money" laundered and not the benefit obtained
T by the defendant or others. The reason being that it is very difficult to prove T
U U
V V
由此
- 9 -
A A
the benefit concerned, and in most "money laundering" cases, there may
B B
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
C C
money" is originated from serious crimes, including drug trafficking,
D kidnap and blackmail, illegal human trafficking, other organized crimes, D
etc. or the defendant's benefit is huge, then the sentence should be adjusted
E upward.4 E
F F
G 21. In determining the proper starting point, I have reminded G
H
myself of the sentencing principles laid down in HKSAR v Hsu Yu Yi [2010] H
5 HKLRD 545 and HKSAR v Boma Amaso [2012] 2 HKLRD 33. I have
I I
also borne in mind the amount of money involved, the duration of the
J J
offence, the defendant's role in relation to the movements of funds as well as
K K
her personal circumstances.
L L
M M
22. In SJ v Ngai Fung Sin Apple [2013] 5 HKLRD 104, Yeung V-P
N N
held :-
O O
Generally speaking, the sentence passed in a "money laundering" case is
primarily to reflect the amount of the "illicit/black money" involved.
P P
Neither the fact that the "illicit/black money" was actually not derived from
Q an indictable offence nor the defendant's ignorance of the actual source of Q
the "illicit/black money" is necessarily a valid mitigating factor…5
R R
S S
T 4
Paragraphs 12 and 13, pp 204-205. T
5
Paragraph 44, p 114.
U U
V V
由此
- 10 -
A A
23. I accept there is no evidence showing that the defendant was
B B
involved in or had any knowledge of any predicate offence. As the sole
C C
owner of the Account, the defendant should have retained its ultimate
D D
control and paid attention to its transactions on a regular basis. On the other
E E
hand, I cannot overlook the fact that a total sum of HK$5 million odd6 went
F F
through the Account within 1.5 months.
G G
H 24. By lending her bank account to someone and thus allowing H
I funds of unknown origins to pass through the Account, the defendant played I
J
a pivotal role in helping the mastermind(s) of criminal activities to access J
their illegal funds without revealing their identities.
K K
L L
25. I consider a starting point of 5 years' imprisonment appropriate
M M
7
and just . With the timely guilty plea, the sentence is reduced to 40 months.
N N
With the 25% enhancement, the sentence becomes 50 months. I would
O O
grant an additional discount of 5 months to reflect the undue delay, reducing
P P
the sentence to 45 months.
Q Q
R 26. Had the defendant been brought to court in a timely fashion, it R
S
is highly likely that she would have been under 21 at the time of sentencing. S
T T
6
Adopting HK$7.80 to US$1 as the exchange rate.
U U
V V
由此
- 11 -
A A
Hence, section 109A of the Criminal Procedure Ordinance (Cap.221) would
B B
apply, and imprisonment would have been the last resort, unless the court is
C C
of the opinion that no other method of dealing with her is appropriate.
D D
E E
27. At present, my hands are tied. Sentencing options which are
F F
created for the benefit of young offenders such as Rehabilitation Centre,
G Detention Centre and Training Centre are no longer available for my G
H consideration because the defendant is now over 21. H
I I
J
28. The defendant was first arrested by the police in September J
2021, but she did not give up on her future. When she was released
K K
unconditionally in April 2022, she decided to pursue her dreams in Fashion
L L
Design. She has worked hard and has done well in her Higher Diploma in
M M
Fashion Image Design course, which enabled her to enter a degree
N N
programme in Fashion Design at a local university in 2024. This is a
O O
significant achievement for someone who did not perform well
P P
academically in secondary school8.
Q Q
R R
S S
7
According to Wan Kwok Keung (supra), the starting point is 4 years or so where the "black
T money" involved is between $3 million and $6 million. (See paragraph 15 of the judgment) T
8
The defendant's Academic Reports from F.4 to F.6 (Document 12, Mitigation Bundle).
U U
V V
由此
- 12 -
A A
29. I have not overlooked her contribution as a volunteer and
B B
employee at Sik Sik Yuen, a well-known charity in Hong Kong. It is just the
C C
icing on the cake compared to her recent academic performance. I accept
D D
Mr. Ng's submission that the defendant has reformed and rehabilitated
E E
herself in the past 4 years.
F F
G 30. I am aware of the Court of Appeal's remarks in Secretary for G
H Justice v Chan Chi Tao 9 [2020] HKCA 296 (an unreported Chinese H
I judgment). As much as I would like to allow the defendant to continue with I
J
her studies, my powers are limited by section 109B of Cap.221. I cannot J
suspend her sentence because it is longer than 2 years. Even without the
K K
enhancement, it still exceeds the limit.
L L
M M
31. The aggregated sum which went through the Account is too
N N
large for me to temper justice with mercy. I see no reasons to depart from
O O
the sentencing guidelines laid down by the Court of Appeal. What I can do
P P
is to invite the administration of her university to allow the defendant to
Q resume her studies upon her release from prison. Based on the information Q
R before me, I see a promising student determined to excel in the fashion R
S
industry. What she did when she was 18 bears no relation to her current S
T 9
By sending the defendant to prison now, it would not only declare his effort in reforming himself T
futile, but would also be devastating to him and his family (paragraph 65 of the judgment).
U U
V V
由此
- 13 -
A A
studies and occurred long before she became a university student. Like
B B
many famous designers who were given their big breaks when they were
C C
young, the defendant deserves hers.
D D
E E
32. With some sadness and reluctance, I sentence the defendant to
F F
45 months' imprisonment.
G G
H H
(G. Lam)
I District Judge I
J 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 1360/2024 B
[2025] HKDC 2128
C C
IN THE DISTRICT COURT OF THE
D D
HONG KONG SPECIAL ADMINISTRATIVE REGION
E CRIMINAL CASE NO. 1360 OF 2024 E
F
____________ F
G HKSAR G
v
H H
TSE Pui-yi, Flora
I ____________ I
J J
Before : H.H. Judge G. Lam
K Date : 16 December 2025 K
Present : Mr. Derrick Lee, PP, of the Department of Justice,
for HKSAR.
L L
Mr. Henry Ng instructed by M/s KCL & Partners,
for the defendant.
M M
Offence : Dealing with property known or believed to
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 N
財產）
O O
P P
REASONS FOR SENTENCE
Q Q
R The defendant pleaded guilty to a charge of "Money R
S laundering". In short, she let someone use her bank account. S
T T
U U
V V
由此
- 2 -
A A
Summary of Facts
B B
C 2. On 21 September 2020, the defendant opened a bank account C
D (No.012-735-2-018347-6) with the Bank of China (the "Account"). She D
E
was its sole signatory. In the opening mandate, the defendant claimed to be E
residing in a public housing unit.
F F
G G
Phone deception
H H
I 3. Between October and November 2020, Mr. Spear (PW1), a US I
J
citizen, was deceived in a "Pretending to be law enforcement officer" J
telephone scam. In order to prove his innocence, PW1 was asked to transfer
K K
sums of money to various bank accounts, which aggregated to a sum of
L L
US$454,000. Of the transfers he made, three in the sums of US$114,992.30,
M M
US$99,492.30 and US$99,500 were remitted to the Account. PW1 later
N N
realized that he was deceived and reported the matter to Hong Kong Police.
O O
P P
Deposits and withdrawals
Q Q
4. Between 15 October and 26 November 2020, the Account
R R
received 10 remittances, which aggregated to a sum of US$653,880.70
S S
(including the 3 sums from PW1). Each remittance was disposed of within
T T
7.5 hours after receipt. The Account was closed on 17 December 2020 with
U U
V V
由此
- 3 -
A A
a balance of HK$92.88. Based on the timing and amount of the deposits and
B B
withdrawals, the Police found a "mirror pattern" in those transactions, which
C C
is a typical indicator of money laundering.
D D
E E
Arrest
F F
5. The defendant was arrested on 3 September 2021 at her home
G G
in Sau Mau Ping. After a house search, the Police found 2 remittance
H H
th th
advices in respect of the 9 and 10 remittances (money wired in by 2
I I
different persons from the United States).
J J
K K
6. The defendant's reported income and tax records are not
L commensurate with the magnitude of the deposits received by the Account. L
M M
N 7. The defendant now admits that during the offence period, she, N
knowing or having reasonable grounds to believe that the total sum of
O O
US$653,880.70 received by the Account, in whole or in part, directly or
P P
indirectly, represented the proceeds of an indictable offence, had dealt with
Q Q
the said sum.
R R
S S
T T
U U
V V
由此
- 4 -
A A
Mitigation & Sentence
B B
C 8. The defendant is 23 and has a clear record. Defence counsel C
D Mr. Ng informed me that the defendant was only 18 when she committed D
E
the offence. She is now supposed to be a third-year Fashion Design major at E
a local university. Unfortunately, she suffers from Major Depressive
F F
Disorder because of this case. She needs to receive regular psychiatric
G G
treatment (both consultation and medication). As a result, she is taking
H H
voluntary leave from school. She is expected to resume her studies in the
I I
2025-26 academic year Semester 31. According to Mr. Ng, the defendant is
J J
only allowed to take up to 2 years of voluntary leave; otherwise she will be
K K
expelled from the university2. It is unclear as to when the defendant must
L resume her studies. The information presented to me seems to indicate that L
M she has only been granted 2 semesters of leave so far. M
N N
9. In mitigation, Mr. Ng submitted that the defendant mistrusted a
O O
close female friend ("Y") from secondary school. Y suggested that both she
P P
and the defendant lend their bank accounts to a friend of Y's. After the
Q Q
defendant had lent the Account to Y's friend, Y told the defendant that due to
R R
personal reasons, Y could not lend her own bank account to Y's friend. Yet,
S S
1
Letter dated 27 August 2025 from the School of Fashion and Textiles, The Hong Kong
T Polytechnic University (Document 11, Mitigation Bundle). T
2
Paragraph 99 of Mr. Ng's written submissions dated 5 November 2025.
U U
V V
由此
- 5 -
A A
the defendant had failed to notice the peculiarities of what Y had asked her
B B
to do. Finally, Mr. Ng complained about undue delay in this case.
C C
D D
10. I will deal with the issue of "delay" first. Mr. Lee for the
E E
prosecution has helpfully prepared a Chronology of Events for my reference.
F F
According to the chronology, after receiving PW1's complaint in March
G 2021, the police had in mind 3 suspects (Zhao, Yu and the defendant). The G
H defendant and Zhao were arrested in September 2021. In November 2021, H
I the police found out that Yu was in Taiwan and listed him as a wanted person. I
J
The defendant was unconditionally released in April 2022. J
K K
11. Yu was arrested in April 2023. In July 2023, the police sought
L L
legal advice from the Department of Justice (DoJ) regarding Yu. In October
M M
2023, the police withdrew Yu's case file from the DoJ due to missing bank
N N
records. On 7 November 2023, the police sought legal advice from the DoJ
O O
regarding Zhao. On 17 November 2023, the DoJ issued advice regarding
P P
Zhao. On 20 February 2024, the police sought legal advice from the DoJ
Q regarding Yu. On 28 February 2024, the DoJ issued advice regarding Yu. Q
R R
S
12. On 19 April 2024, the police sought legal advice from the DoJ S
regarding the defendant. On 8 August 2024, the DoJ issued advice
T T
U U
V V
由此
- 6 -
A A
regarding the defendant. The defendant was charged on 9 September 2024
B B
and was brought to a magistracy on the following day. This case first
C C
reached the District Court on 12 November 2024. After a mention hearing
D D
in January 2025, on 1 April 2025, the defendant indicated her intention to
E E
plead guilty to the charge. This case was then fixed for plea on 12
F F
November 2025.
G G
H 13. Based on the chronology, I am unable to see that anything H
I substantive was done in relation to the defendant between her initial arrest in I
J
September 2021 and the submission of the case file to the DoJ for legal J
advice in April 2024. Compared with the police, the DoJ acted relatively
K K
promptly, issuing advice regarding the defendant in August 2024. I have
L L
asked Mr. Lee what the police's initial view of the defendant was (i.e.
M M
whether she was a main target or an offshoot during the investigation). Mr.
N N
Lee informed me that the investigating officer of this case had been replaced
O O
twice, and the OC Case at least once. The prosecution is unable to obtain a
P P
comprehensive record of the progress of this case.
Q Q
R 14. The ball, at least the portion related the defendant, was in the R
S
police's side of the court for 2.5 years. Then it took the DoJ 4 months to S
issue legal advice. In other words, from initial arrest to formally charging
T T
U U
V V
由此
- 7 -
A A
the defendant, it took roughly 3 years. Without further information
B B
regarding what the police had done in those 2.5 years, I consider it undue
C C
delay. In any event, from the initial arrest to her guilty plea before me, the
D D
defendant was in agony for 4 years. She has my sympathy.
E E
F F
15. The prosecution has applied for an enhanced sentence pursuant
G to section 27(2)(c) and (d) of the Organized and Serious Crimes Ordinance G
H (Cap.455) on the basis of prevalence as well as the nature and extent of harm H
I caused to the community. Mr. Ng did not object. I
J J
16. I bear in mind the Court of Appeal's decision in HKSAR v Xu
K K
Mai Qing CACC 464/2005, whereas Yeung JA (as he then was) held "Under
L L
section 27(11) of OSCO, what the prosecution has to prove is the prevalence
M M
of the offence, not the increase in the number of such offences3."
N N
O O
17. I have read the witness statement of CIP Li dated 21 October
P P
2025. I am satisfied that in 2020, deception-related money laundering cases
Q were prevalent in Hong Kong in terms of the number of cases as well as the Q
R total value of monetary loss. R
S S
T T
3
Paragraph 16 on p.4 of the judgment.
U U
V V
由此
- 8 -
A A
18. There is clear and cogent evidence before me that money
B B
laundering through bank accounts opened by "ML Stooges" remains
C C
widespread in Hong Kong today. What true criminals need are gullible
D D
scapegoats, like the defendant in the present case, who would take the blame
E E
for them when law enforcement takes action. The court must send a clear
F F
message to the general public that people who play the role of "ML Stooge"
G will receive severe punishment, so that there is a deterrent effect. When G
H there are few or no willing "ML Stooges", criminal activities which rely on H
I their bank accounts will fail. I
J J
19. This is a typical case of money laundering by way of a stooge
K K
bank account. Even if the defendant did not know about the phone
L L
deception against PW1, such a scam would have been meaningless without
M M
the Account. Assuming what the defendant said is true, given her role, the
N N
total sum which went through the Account and the overall circumstances, I
O O
grant the prosecution's application and will enhance the sentence by 25%.
P P
Q 20. The Court of Appeal in SJ v Wan Kwok Keung [2012] 1 Q
R HKLRD 201 held :- R
S Generally, the sentence for "money laundering" offences should mainly S
reflect the amount of "black money" laundered and not the benefit obtained
T by the defendant or others. The reason being that it is very difficult to prove T
U U
V V
由此
- 9 -
A A
the benefit concerned, and in most "money laundering" cases, there may
B B
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
C C
money" is originated from serious crimes, including drug trafficking,
D kidnap and blackmail, illegal human trafficking, other organized crimes, D
etc. or the defendant's benefit is huge, then the sentence should be adjusted
E upward.4 E
F F
G 21. In determining the proper starting point, I have reminded G
H
myself of the sentencing principles laid down in HKSAR v Hsu Yu Yi [2010] H
5 HKLRD 545 and HKSAR v Boma Amaso [2012] 2 HKLRD 33. I have
I I
also borne in mind the amount of money involved, the duration of the
J J
offence, the defendant's role in relation to the movements of funds as well as
K K
her personal circumstances.
L L
M M
22. In SJ v Ngai Fung Sin Apple [2013] 5 HKLRD 104, Yeung V-P
N N
held :-
O O
Generally speaking, the sentence passed in a "money laundering" case is
primarily to reflect the amount of the "illicit/black money" involved.
P P
Neither the fact that the "illicit/black money" was actually not derived from
Q an indictable offence nor the defendant's ignorance of the actual source of Q
the "illicit/black money" is necessarily a valid mitigating factor…5
R R
S S
T 4
Paragraphs 12 and 13, pp 204-205. T
5
Paragraph 44, p 114.
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V V
由此
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A A
23. I accept there is no evidence showing that the defendant was
B B
involved in or had any knowledge of any predicate offence. As the sole
C C
owner of the Account, the defendant should have retained its ultimate
D D
control and paid attention to its transactions on a regular basis. On the other
E E
hand, I cannot overlook the fact that a total sum of HK$5 million odd6 went
F F
through the Account within 1.5 months.
G G
H 24. By lending her bank account to someone and thus allowing H
I funds of unknown origins to pass through the Account, the defendant played I
J
a pivotal role in helping the mastermind(s) of criminal activities to access J
their illegal funds without revealing their identities.
K K
L L
25. I consider a starting point of 5 years' imprisonment appropriate
M M
7
and just . With the timely guilty plea, the sentence is reduced to 40 months.
N N
With the 25% enhancement, the sentence becomes 50 months. I would
O O
grant an additional discount of 5 months to reflect the undue delay, reducing
P P
the sentence to 45 months.
Q Q
R 26. Had the defendant been brought to court in a timely fashion, it R
S
is highly likely that she would have been under 21 at the time of sentencing. S
T T
6
Adopting HK$7.80 to US$1 as the exchange rate.
U U
V V
由此
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A A
Hence, section 109A of the Criminal Procedure Ordinance (Cap.221) would
B B
apply, and imprisonment would have been the last resort, unless the court is
C C
of the opinion that no other method of dealing with her is appropriate.
D D
E E
27. At present, my hands are tied. Sentencing options which are
F F
created for the benefit of young offenders such as Rehabilitation Centre,
G Detention Centre and Training Centre are no longer available for my G
H consideration because the defendant is now over 21. H
I I
J
28. The defendant was first arrested by the police in September J
2021, but she did not give up on her future. When she was released
K K
unconditionally in April 2022, she decided to pursue her dreams in Fashion
L L
Design. She has worked hard and has done well in her Higher Diploma in
M M
Fashion Image Design course, which enabled her to enter a degree
N N
programme in Fashion Design at a local university in 2024. This is a
O O
significant achievement for someone who did not perform well
P P
academically in secondary school8.
Q Q
R R
S S
7
According to Wan Kwok Keung (supra), the starting point is 4 years or so where the "black
T money" involved is between $3 million and $6 million. (See paragraph 15 of the judgment) T
8
The defendant's Academic Reports from F.4 to F.6 (Document 12, Mitigation Bundle).
U U
V V
由此
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A A
29. I have not overlooked her contribution as a volunteer and
B B
employee at Sik Sik Yuen, a well-known charity in Hong Kong. It is just the
C C
icing on the cake compared to her recent academic performance. I accept
D D
Mr. Ng's submission that the defendant has reformed and rehabilitated
E E
herself in the past 4 years.
F F
G 30. I am aware of the Court of Appeal's remarks in Secretary for G
H Justice v Chan Chi Tao 9 [2020] HKCA 296 (an unreported Chinese H
I judgment). As much as I would like to allow the defendant to continue with I
J
her studies, my powers are limited by section 109B of Cap.221. I cannot J
suspend her sentence because it is longer than 2 years. Even without the
K K
enhancement, it still exceeds the limit.
L L
M M
31. The aggregated sum which went through the Account is too
N N
large for me to temper justice with mercy. I see no reasons to depart from
O O
the sentencing guidelines laid down by the Court of Appeal. What I can do
P P
is to invite the administration of her university to allow the defendant to
Q resume her studies upon her release from prison. Based on the information Q
R before me, I see a promising student determined to excel in the fashion R
S
industry. What she did when she was 18 bears no relation to her current S
T 9
By sending the defendant to prison now, it would not only declare his effort in reforming himself T
futile, but would also be devastating to him and his family (paragraph 65 of the judgment).
U U
V V
由此
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A A
studies and occurred long before she became a university student. Like
B B
many famous designers who were given their big breaks when they were
C C
young, the defendant deserves hers.
D D
E E
32. With some sadness and reluctance, I sentence the defendant to
F F
45 months' imprisonment.
G G
H H
(G. Lam)
I District Judge I
J 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