區域法院（刑事）His Honour Judge E Yip5/1/2026[2026] HKDC 20
合併案件：DCCC355/2024DCCC637/2024
DCCC637/2024
A A
B B
DCCC 355, 597, 637 & 1489/2024 (Consolidated)
C [2026] HKDC 20 C
D D
IN THE DISTRICT COURT OF THE
E HONG KONG SPECIAL ADMINISTRATIVE REGION E
CRIMINAL CASE NO 355, 597, 637, 1489 OF 2024
F F
G ----------------------------------------- G
HKSAR
H H
v
I QUAN MENGFAN (D1) I
-----------------------------------------
J J
K Before: His Honour Judge E Yip in Court K
Date: 6 January 2026
L L
Present: Mr Wayne Lee, Public Prosecutor, for HKSAR
M Mr Lee Pak Chau, instructed by Mike So, Joseph Lau & Co, M
assigned by the Director of Legal Aid, for the 1st defendant
N N
Offence: [1] & [6] Dealing with property known or believed to
O represent proceeds of an indictable offence (處理已知道或相 O
P 信為代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
A. Introduction
C C
1. The Defendant is convicted after trial on two counts of dealing
D D
with property known or believed to represent proceeds of an indictable
E offence, contrary to section 25(1) and (3) of the Organized and Serious E
Crimes Ordinance (Cap. 455).
F F
G 2. Charge 1 concerns dealings between 3 January 2023 and 28 G
February 2023 involving a total sum of HK$6,544,402.49 through a Bank
H H
of China (Hong Kong) account. Charge 6 concerns dealings between 1
I February 2023 and 3 February 2023 involving HK$529,500 through a I
Standard Chartered Bank (Hong Kong) account.
J J
K 3. The Defendant was convicted after trial. There is therefore no K
credit for plea of guilty.
L L
M B. Seriousness of the Offences M
N N
4. Money laundering is a serious offence. It facilitates and
O sustains predicate crimes, enables criminals to enjoy the fruits of their O
wrongdoing, undermines the integrity of the financial system, and erodes
P P
public confidence in Hong Kong as an international financial centre.
Q Q
R
5. As found in the Reasons for Verdict, the Defendant R
knowingly or with wilful blindness allowed her personal bank accounts to
S S
be used as conduits for fraud proceeds. The transaction patterns were
T
classic laundering indicators: rapid inflows and outflows, multiple T
unrelated depositors, and near-zero end balances.
U U
V V
-3-
A A
B B
6. Although the Defendant was not a mastermind and did not
C personally withdraw the funds, her role was indispensable. Without the C
availability of her accounts, the laundering could not have been carried out
D D
in the manner and on the scale proved.
E E
C. Starting Point of Sentence
F F
G 7. There are no rigid sentencing tariffs for offences under section G
25 OSCO. The Court must have regard to the guidance in HKSAR v Hsu
H H
Yu Yi 許有益 [2010] 5 HKLRD 536 and subsequent authorities, where the
I amount of money involved is the dominant consideration, together with the I
duration, frequency of transactions, the Defendant’s role, and any cross-
J J
border or organised elements.
K K
8. The Court of Appeal in Secretary for Justice v Wan Kwok
L L
Keung 雲國強 [2012] 1 HKLRD 197 suggests that for laundered sums
M M
below HK$1,000,000, a starting point of below 2 years’ imprisonment
N should be considered, and for sums between HK$6,000,000 and N
HK$10,000,000, a starting point of around 5 years’ imprisonment should
O O
be considered.
P P
9. Applying these ranges, for Charge 1, which involved
Q Q
HK$6,544,402.49 over nearly two months, a starting point of 5 years’
R imprisonment is appropriate, and for Charge 6, which involved R
HK$529,500 over just three days, a starting point of 2 years’ imprisonment
S S
is appropriate.
T T
U U
V V
-4-
A A
B B
D. Enhancement under Section 27 OSCO
C C
10. The Prosecution has applied for sentence enhancement
D D
pursuant to section 27 of OSCO. The Court has before it a detailed
E statement from the Chief Inspector of Police, addressing: E
F F
(a) the prevalence of that specified offence (under section
G 27(2)(c)); and G
H H
(b) the nature and extent of any harm, whether direct or
I indirect, caused to the community by recent I
occurrences of that specified offence (under section
J J
27(2)(d)).
K K
11. I note that the prevalence is on the decline but it remains high.
L L
The use of stooge accounts remains widespread and poses a substantial
M threat to the integrity of the banking system, the effectiveness of law M
enforcement, and the reputation of Hong Kong as a financial hub, causing
N N
much harm to the community. There I allow an enhancement of 20%,
O which I regard as fair and proportionate. O
P P
E. Mitigation
Q Q
R
12. The Defendant is of a clear record, university educated, and R
gainfully employed. There is no evidence that she received any direct
S S
financial benefit from the laundering activities, that she was the
T
mastermind behind the scheme, that she recruited others, or that she was T
operating as part of a large syndicate.
U U
V V
-5-
A A
B B
C 13. I have taken into account her family circumstances, including C
her mother’s serious medical condition and her career, but these are not
D D
mitigating factors.
E E
14. The offences were not momentary lapses. They involved
F F
repeated transactions over sustained periods and very substantial sums.
G The Defendant’s conduct was characterised in the Reasons for Verdict as G
wilful blindness amounting to belief.
H H
I 15. For Charge 1, I take a starting point of 5 years (60 months). I
Enhanced by 20%, it becomes 72 months (or 6 years).
J J
K 16. For Charge 6, I take a starting point of 2 years (or 24 months). K
Enhanced by 20%, it becomes 29 months (when rounded to the nearest
L L
whole month).
M M
F. Totality and Concurrency
N N
O 17. The two charges arose from closely related conduct within a O
narrow timeframe and involved the same modus operandi, namely the use
P P
of the Defendant’s bank accounts to launder fraud proceeds.
Q Q
R R
S S
T T
U U
V V
-6-
A A
B B
18. Applying the totality principle, I order for the sentences on the
C two charges to run concurrently. The overall sentence is therefore 6 years’ C
imprisonment.
D D
E E
F F
( E Yip )
G
District Judge G
H H
I 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
A A
B B
DCCC 355, 597, 637 & 1489/2024 (Consolidated)
C [2026] HKDC 20 C
D D
IN THE DISTRICT COURT OF THE
E HONG KONG SPECIAL ADMINISTRATIVE REGION E
CRIMINAL CASE NO 355, 597, 637, 1489 OF 2024
F F
G ----------------------------------------- G
HKSAR
H H
v
I QUAN MENGFAN (D1) I
-----------------------------------------
J J
K Before: His Honour Judge E Yip in Court K
Date: 6 January 2026
L L
Present: Mr Wayne Lee, Public Prosecutor, for HKSAR
M Mr Lee Pak Chau, instructed by Mike So, Joseph Lau & Co, M
assigned by the Director of Legal Aid, for the 1st defendant
N N
Offence: [1] & [6] Dealing with property known or believed to
O represent proceeds of an indictable offence (處理已知道或相 O
P 信為代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
A. Introduction
C C
1. The Defendant is convicted after trial on two counts of dealing
D D
with property known or believed to represent proceeds of an indictable
E offence, contrary to section 25(1) and (3) of the Organized and Serious E
Crimes Ordinance (Cap. 455).
F F
G 2. Charge 1 concerns dealings between 3 January 2023 and 28 G
February 2023 involving a total sum of HK$6,544,402.49 through a Bank
H H
of China (Hong Kong) account. Charge 6 concerns dealings between 1
I February 2023 and 3 February 2023 involving HK$529,500 through a I
Standard Chartered Bank (Hong Kong) account.
J J
K 3. The Defendant was convicted after trial. There is therefore no K
credit for plea of guilty.
L L
M B. Seriousness of the Offences M
N N
4. Money laundering is a serious offence. It facilitates and
O sustains predicate crimes, enables criminals to enjoy the fruits of their O
wrongdoing, undermines the integrity of the financial system, and erodes
P P
public confidence in Hong Kong as an international financial centre.
Q Q
R
5. As found in the Reasons for Verdict, the Defendant R
knowingly or with wilful blindness allowed her personal bank accounts to
S S
be used as conduits for fraud proceeds. The transaction patterns were
T
classic laundering indicators: rapid inflows and outflows, multiple T
unrelated depositors, and near-zero end balances.
U U
V V
-3-
A A
B B
6. Although the Defendant was not a mastermind and did not
C personally withdraw the funds, her role was indispensable. Without the C
availability of her accounts, the laundering could not have been carried out
D D
in the manner and on the scale proved.
E E
C. Starting Point of Sentence
F F
G 7. There are no rigid sentencing tariffs for offences under section G
25 OSCO. The Court must have regard to the guidance in HKSAR v Hsu
H H
Yu Yi 許有益 [2010] 5 HKLRD 536 and subsequent authorities, where the
I amount of money involved is the dominant consideration, together with the I
duration, frequency of transactions, the Defendant’s role, and any cross-
J J
border or organised elements.
K K
8. The Court of Appeal in Secretary for Justice v Wan Kwok
L L
Keung 雲國強 [2012] 1 HKLRD 197 suggests that for laundered sums
M M
below HK$1,000,000, a starting point of below 2 years’ imprisonment
N should be considered, and for sums between HK$6,000,000 and N
HK$10,000,000, a starting point of around 5 years’ imprisonment should
O O
be considered.
P P
9. Applying these ranges, for Charge 1, which involved
Q Q
HK$6,544,402.49 over nearly two months, a starting point of 5 years’
R imprisonment is appropriate, and for Charge 6, which involved R
HK$529,500 over just three days, a starting point of 2 years’ imprisonment
S S
is appropriate.
T T
U U
V V
-4-
A A
B B
D. Enhancement under Section 27 OSCO
C C
10. The Prosecution has applied for sentence enhancement
D D
pursuant to section 27 of OSCO. The Court has before it a detailed
E statement from the Chief Inspector of Police, addressing: E
F F
(a) the prevalence of that specified offence (under section
G 27(2)(c)); and G
H H
(b) the nature and extent of any harm, whether direct or
I indirect, caused to the community by recent I
occurrences of that specified offence (under section
J J
27(2)(d)).
K K
11. I note that the prevalence is on the decline but it remains high.
L L
The use of stooge accounts remains widespread and poses a substantial
M threat to the integrity of the banking system, the effectiveness of law M
enforcement, and the reputation of Hong Kong as a financial hub, causing
N N
much harm to the community. There I allow an enhancement of 20%,
O which I regard as fair and proportionate. O
P P
E. Mitigation
Q Q
R
12. The Defendant is of a clear record, university educated, and R
gainfully employed. There is no evidence that she received any direct
S S
financial benefit from the laundering activities, that she was the
T
mastermind behind the scheme, that she recruited others, or that she was T
operating as part of a large syndicate.
U U
V V
-5-
A A
B B
C 13. I have taken into account her family circumstances, including C
her mother’s serious medical condition and her career, but these are not
D D
mitigating factors.
E E
14. The offences were not momentary lapses. They involved
F F
repeated transactions over sustained periods and very substantial sums.
G The Defendant’s conduct was characterised in the Reasons for Verdict as G
wilful blindness amounting to belief.
H H
I 15. For Charge 1, I take a starting point of 5 years (60 months). I
Enhanced by 20%, it becomes 72 months (or 6 years).
J J
K 16. For Charge 6, I take a starting point of 2 years (or 24 months). K
Enhanced by 20%, it becomes 29 months (when rounded to the nearest
L L
whole month).
M M
F. Totality and Concurrency
N N
O 17. The two charges arose from closely related conduct within a O
narrow timeframe and involved the same modus operandi, namely the use
P P
of the Defendant’s bank accounts to launder fraud proceeds.
Q Q
R R
S S
T T
U U
V V
-6-
A A
B B
18. Applying the totality principle, I order for the sentences on the
C two charges to run concurrently. The overall sentence is therefore 6 years’ C
imprisonment.
D D
E E
F F
( E Yip )
G
District Judge G
H H
I 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