A A
B B
DCCC 483 & 811/2022 (Consolidated)
C [2025] HKDC 610 C
D D
IN THE DISTRICT COURT OF THE
E HONG KONG SPECIAL ADMINISTRATIVE REGION E
CRIMINAL CASE NO 483 & 811 OF 2022
F F
G ---------------------------- G
HKSAR
H H
v
I CHAN TIN SUM (D3) I
----------------------------
J J
K Before: His Honour Judge Tam in Court K
Date: 2 April 2025
L L
Present: Mr Wong Hay Yiu, Counsel on fiat, for HKSAR
M Mr Boyton David Rex & Mr Pannu-Yuon Nicklaus J, M
instructed by Francis Kong & Co, for the 3rd defendant
N N
Offence: [5] 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) - D3 P
Q Q
---------------------------------------
R REASONS FOR SENTENCE R
---------------------------------------
S S
T 1. D3 was convicted after trial of one charge (Charge 5) of T
Dealing with property known or believed to represent proceeds of an
U U
V V
-2-
A A
B B
indictable offence, contrary to section 25(1) and (3) of the Organized and
C Serious Crimes Ordinance, Cap 455. C
D D
2. Particulars are that D3, between 2 July 2019 and 20 November
E 2019, in Hong Kong, knowing or having reasonable grounds to believe that E
property, namely a total sum of $2,614,187.34 Hong Kong currency in the
F F
account numbered 012-358-2-007157-0 held under the name of D3 with
G Bank of China (Hong Kong) Limited, in whole or in part directly or G
indirectly represented the proceeds of an indictable offence, dealt with the
H H
said property.
I I
Facts which form the basis of sentence
J J
K 3. At all material times, D3 did not have any landed properties K
or connections to the companies registered in Hong Kong. According to
L L
the records of IRD, D3 was reported to be employed as a guest experience
M service crew with salary totalling HK$11,206 from 10 June 2016 to 31 M
March 2017 and as a part-time staff with salary totalling HK$11,339 from
N N
5 September 2019 to 31 March 2020 respectively.
O O
4. On 3 July 2019, D3 opened a personal savings account
P P
numbered 012-358-2-007157-0 with Bank of China (Hong Kong) Limited
Q (“BOC”) in her name (“Account 4”). D3 was the sole signatory of Account Q
4. On 10 July 2019, an application was made to the bank to change the
R R
mobile phone contact number and email to 6999 0184 and
S [email protected] respectively by filling in and returned in person a S
“Customer Information Amendment Form” to BOC. Account 4 was closed
T T
on 19 November 2019.
U U
V V
-3-
A A
B B
C 5. Between 3 July 2019 and 19 November 2019, a total of C
HK$2,614,187.34 were deposited into and withdrawn from Account 4.
D D
Most of the funds (usually in small amount) deposited into the account
E were often withdrawn or transferred out in bulk amount (mostly by several E
withdrawals) within short period of time. Other features of the flow of
F F
funds of Account 4 during the said period are mainly as follows :
G G
Deposit
H H
I (a) the monthly average amount of the deposits were I
HK$475,306.79;
J J
K (b) there were a total of 6,672 deposits via FPS amounting K
to HK$2,595,675.50;
L L
M (c) there were a total of 8 ATM cash deposits amounting M
to HK$18,500;
N N
O (d) most of the transactions were in multiple of hundreds, O
ranging from HK$0.1 to HK$10,000 per transaction.
P P
At least 398 counterparties were involved in the deposit
Q of the account; Q
R R
Withdrawal
S S
(a) there were a total of 376 withdrawals via FPS transfer
T T
amounting to HK$1,406,203.1;
U U
V V
-4-
A A
B B
C (b) there were a total of 108 ATM cash withdrawals C
amounting to HK$1,110,000; and
D D
E (c) most of the transactions were in multiple of hundreds E
and thousands, ranging from $0.1 to $20,000 per
F F
transaction. At least 169 beneficiaries were involved in
G the withdrawal of the account. G
H H
6. On 30 August 2021, D3 was arrested at her residence in Kwai
I Chung for money laundering. I
J J
7. On 3 July 2019, D3 went with her then boyfriend Ng (a heavy
K gambler) to the BOC to open the subject account and to apply for an K
associated bank card both for Ng’s use. D3 let Ng choose the card PIN.
L L
D3 left the bank first leaving Ng to collect the related documents. Within
M days, D3 relinquished control of the account and the card into the hands of M
Ng and allowed others to use them.
N N
O 8. D3 had reasonable grounds to believe the property stated in O
the charge, in whole or in part, directly or indirectly represented any
P P
person’s proceeds of an indictable offence.
Q Q
Criminal record
R R
S 9. D3 has four previous minor convictions all related to S
gambling.
T T
U U
V V
-5-
A A
B B
Antecedents
C C
10. D3 is aged 24 (19 at the time of the offence), educated to F2
D D
level. She had previously worked as a salesperson between 2016 and 2017.
E Since that time, she remained unemployed. D3 lives with her mother, E
stepfather and her son in public housing in Kwai Chung.
F F
G Mitigation G
H H
11. Mr Boyton of counsel 1 mitigated on behalf of D3. The
I following is a summary of the mitigation submissions. I
J J
12. D3 has three children now and she is taking care of the
K youngest one. Her earliest criminal conviction was in July 2020 ie after2 K
the current offence. The court is asked to treat her as a person of clear
L L
record.
M M
13. It was submitted this case did not involve international
N N
dimension; there was no sophistication; the evidence did not disclose an
O organized criminal syndicate. The money involved ie $2.6 million was not O
a huge sum. She has been under some pressure as a result of the
P P
proceedings and she has been receiving psychiatric assistance in Queen
Q Mary Hospital. Q
R R
14. Imprisonment is inevitable and the court is asked to be as
S merciful as possible. S
T T
1
and with him Mr Nicklaus Pannu-Yuon of counsel
2
When delivering sentence, I mistakenly said “before”.
U U
V V
-6-
A A
B B
C Sentence C
D D
15. The maximum penalty for the offence of money laundering is
E 14 years’ imprisonment. There are no sentencing guidelines but a deterrent E
sentence is called for.
F F
G 16. The amount of money involved is a major consideration: G
HKSAR v Hsu Yu Yi [2010] 5 HKLRD 545, 551 at para 9(a).
H H
I 17. In HKSAR v Boma [2012] 2 HKLRD 33, the Court of Appeal I
said a sentencing court should take into account the following non-
J J
exhaustive list of features when dealing with offences of money
K laundering:- K
L L
(a) the nature of the predicate offence;
M M
(b) the state of the offender’s knowledge;
N N
O (c) where the operation involved an international O
dimension, this would be a significant aggravating
P P
feature;
Q Q
(d) the sophistication of the offence, including the degree
R R
of planning;
S S
T T
U U
V V
-7-
A A
B B
(e) where the offence was committed by or on behalf of an
C organized criminal syndicate would be an aggravating C
feature;
D D
E (f) whether there was one transaction or many and the E
length of time over which the offence was committed;
F F
G (g) whether the offender continued to launder funds after G
he had discovered the nature of the funds were proceeds
H H
of an offence or a serious offence was involved;
I I
(h) the role of the offender and the acts performed by him.
J J
K 18. In Secretary for Justice v Wan Kwok Keung [2012] 1 HKLRD K
201, Yeung JA, in giving the judgment of the Court of Appeal, said at para
L L
15:
M M
“In HKSAR v Hsu Yu Yi [2010] 5 HKLRD 545, Cheung JA set
N out the amounts of money involved and the sentences passed in N
a number of “money laundering” cases. The sentencing starting
point is 3 years or so where the “black money” involved is
O O
between $1 million and $2 million; 4 years or so where it is
between $3 million and $6 million; and could be over 5 years
P where it is above $10 million.” P
Q 19. In the present case, the amount laundered was $2.6 million. Q
The predicate offence appears to be “Bookmaking”; however, there is little
R R
evidence that D3 knew about this. The duration of the offence was just
S less than 5 months. Transactions are in the thousands and counterparties S
are in the hundreds. The role of D3 was simply to allow others to use her
T T
U U
V V
-8-
A A
B B
account. There is no evidence of D3 receiving any remuneration. I also
C noted the lack of aggravating factors as highlighted by Mr Boyton. C
D D
20. With all those factors in mind, I adopt a starting point of 2 ½
E years’ imprisonment. D3 did not plead guilty, so there could not be any E
sentencing discount for remorse.
F F
G 21. However, I will treat D3 as being a person of clear record. For G
that reason, I will deduct one month from her sentence. Other than that, I
H H
do not find anything in the mitigation which would allow me to give her
I any further sentencing discount. I
J J
(D3, please stand)
K K
22. The sentence is therefore 2 years and 5 months’ imprisonment.
L L
M M
N N
( Isaac Tam )
O
District Judge O
P P
Q Q
R R
S S
T T
U U
V V
A A
B B
DCCC 483 & 811/2022 (Consolidated)
C [2025] HKDC 610 C
D D
IN THE DISTRICT COURT OF THE
E HONG KONG SPECIAL ADMINISTRATIVE REGION E
CRIMINAL CASE NO 483 & 811 OF 2022
F F
G ---------------------------- G
HKSAR
H H
v
I CHAN TIN SUM (D3) I
----------------------------
J J
K Before: His Honour Judge Tam in Court K
Date: 2 April 2025
L L
Present: Mr Wong Hay Yiu, Counsel on fiat, for HKSAR
M Mr Boyton David Rex & Mr Pannu-Yuon Nicklaus J, M
instructed by Francis Kong & Co, for the 3rd defendant
N N
Offence: [5] 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) - D3 P
Q Q
---------------------------------------
R REASONS FOR SENTENCE R
---------------------------------------
S S
T 1. D3 was convicted after trial of one charge (Charge 5) of T
Dealing with property known or believed to represent proceeds of an
U U
V V
-2-
A A
B B
indictable offence, contrary to section 25(1) and (3) of the Organized and
C Serious Crimes Ordinance, Cap 455. C
D D
2. Particulars are that D3, between 2 July 2019 and 20 November
E 2019, in Hong Kong, knowing or having reasonable grounds to believe that E
property, namely a total sum of $2,614,187.34 Hong Kong currency in the
F F
account numbered 012-358-2-007157-0 held under the name of D3 with
G Bank of China (Hong Kong) Limited, in whole or in part directly or G
indirectly represented the proceeds of an indictable offence, dealt with the
H H
said property.
I I
Facts which form the basis of sentence
J J
K 3. At all material times, D3 did not have any landed properties K
or connections to the companies registered in Hong Kong. According to
L L
the records of IRD, D3 was reported to be employed as a guest experience
M service crew with salary totalling HK$11,206 from 10 June 2016 to 31 M
March 2017 and as a part-time staff with salary totalling HK$11,339 from
N N
5 September 2019 to 31 March 2020 respectively.
O O
4. On 3 July 2019, D3 opened a personal savings account
P P
numbered 012-358-2-007157-0 with Bank of China (Hong Kong) Limited
Q (“BOC”) in her name (“Account 4”). D3 was the sole signatory of Account Q
4. On 10 July 2019, an application was made to the bank to change the
R R
mobile phone contact number and email to 6999 0184 and
S [email protected] respectively by filling in and returned in person a S
“Customer Information Amendment Form” to BOC. Account 4 was closed
T T
on 19 November 2019.
U U
V V
-3-
A A
B B
C 5. Between 3 July 2019 and 19 November 2019, a total of C
HK$2,614,187.34 were deposited into and withdrawn from Account 4.
D D
Most of the funds (usually in small amount) deposited into the account
E were often withdrawn or transferred out in bulk amount (mostly by several E
withdrawals) within short period of time. Other features of the flow of
F F
funds of Account 4 during the said period are mainly as follows :
G G
Deposit
H H
I (a) the monthly average amount of the deposits were I
HK$475,306.79;
J J
K (b) there were a total of 6,672 deposits via FPS amounting K
to HK$2,595,675.50;
L L
M (c) there were a total of 8 ATM cash deposits amounting M
to HK$18,500;
N N
O (d) most of the transactions were in multiple of hundreds, O
ranging from HK$0.1 to HK$10,000 per transaction.
P P
At least 398 counterparties were involved in the deposit
Q of the account; Q
R R
Withdrawal
S S
(a) there were a total of 376 withdrawals via FPS transfer
T T
amounting to HK$1,406,203.1;
U U
V V
-4-
A A
B B
C (b) there were a total of 108 ATM cash withdrawals C
amounting to HK$1,110,000; and
D D
E (c) most of the transactions were in multiple of hundreds E
and thousands, ranging from $0.1 to $20,000 per
F F
transaction. At least 169 beneficiaries were involved in
G the withdrawal of the account. G
H H
6. On 30 August 2021, D3 was arrested at her residence in Kwai
I Chung for money laundering. I
J J
7. On 3 July 2019, D3 went with her then boyfriend Ng (a heavy
K gambler) to the BOC to open the subject account and to apply for an K
associated bank card both for Ng’s use. D3 let Ng choose the card PIN.
L L
D3 left the bank first leaving Ng to collect the related documents. Within
M days, D3 relinquished control of the account and the card into the hands of M
Ng and allowed others to use them.
N N
O 8. D3 had reasonable grounds to believe the property stated in O
the charge, in whole or in part, directly or indirectly represented any
P P
person’s proceeds of an indictable offence.
Q Q
Criminal record
R R
S 9. D3 has four previous minor convictions all related to S
gambling.
T T
U U
V V
-5-
A A
B B
Antecedents
C C
10. D3 is aged 24 (19 at the time of the offence), educated to F2
D D
level. She had previously worked as a salesperson between 2016 and 2017.
E Since that time, she remained unemployed. D3 lives with her mother, E
stepfather and her son in public housing in Kwai Chung.
F F
G Mitigation G
H H
11. Mr Boyton of counsel 1 mitigated on behalf of D3. The
I following is a summary of the mitigation submissions. I
J J
12. D3 has three children now and she is taking care of the
K youngest one. Her earliest criminal conviction was in July 2020 ie after2 K
the current offence. The court is asked to treat her as a person of clear
L L
record.
M M
13. It was submitted this case did not involve international
N N
dimension; there was no sophistication; the evidence did not disclose an
O organized criminal syndicate. The money involved ie $2.6 million was not O
a huge sum. She has been under some pressure as a result of the
P P
proceedings and she has been receiving psychiatric assistance in Queen
Q Mary Hospital. Q
R R
14. Imprisonment is inevitable and the court is asked to be as
S merciful as possible. S
T T
1
and with him Mr Nicklaus Pannu-Yuon of counsel
2
When delivering sentence, I mistakenly said “before”.
U U
V V
-6-
A A
B B
C Sentence C
D D
15. The maximum penalty for the offence of money laundering is
E 14 years’ imprisonment. There are no sentencing guidelines but a deterrent E
sentence is called for.
F F
G 16. The amount of money involved is a major consideration: G
HKSAR v Hsu Yu Yi [2010] 5 HKLRD 545, 551 at para 9(a).
H H
I 17. In HKSAR v Boma [2012] 2 HKLRD 33, the Court of Appeal I
said a sentencing court should take into account the following non-
J J
exhaustive list of features when dealing with offences of money
K laundering:- K
L L
(a) the nature of the predicate offence;
M M
(b) the state of the offender’s knowledge;
N N
O (c) where the operation involved an international O
dimension, this would be a significant aggravating
P P
feature;
Q Q
(d) the sophistication of the offence, including the degree
R R
of planning;
S S
T T
U U
V V
-7-
A A
B B
(e) where the offence was committed by or on behalf of an
C organized criminal syndicate would be an aggravating C
feature;
D D
E (f) whether there was one transaction or many and the E
length of time over which the offence was committed;
F F
G (g) whether the offender continued to launder funds after G
he had discovered the nature of the funds were proceeds
H H
of an offence or a serious offence was involved;
I I
(h) the role of the offender and the acts performed by him.
J J
K 18. In Secretary for Justice v Wan Kwok Keung [2012] 1 HKLRD K
201, Yeung JA, in giving the judgment of the Court of Appeal, said at para
L L
15:
M M
“In HKSAR v Hsu Yu Yi [2010] 5 HKLRD 545, Cheung JA set
N out the amounts of money involved and the sentences passed in N
a number of “money laundering” cases. The sentencing starting
point is 3 years or so where the “black money” involved is
O O
between $1 million and $2 million; 4 years or so where it is
between $3 million and $6 million; and could be over 5 years
P where it is above $10 million.” P
Q 19. In the present case, the amount laundered was $2.6 million. Q
The predicate offence appears to be “Bookmaking”; however, there is little
R R
evidence that D3 knew about this. The duration of the offence was just
S less than 5 months. Transactions are in the thousands and counterparties S
are in the hundreds. The role of D3 was simply to allow others to use her
T T
U U
V V
-8-
A A
B B
account. There is no evidence of D3 receiving any remuneration. I also
C noted the lack of aggravating factors as highlighted by Mr Boyton. C
D D
20. With all those factors in mind, I adopt a starting point of 2 ½
E years’ imprisonment. D3 did not plead guilty, so there could not be any E
sentencing discount for remorse.
F F
G 21. However, I will treat D3 as being a person of clear record. For G
that reason, I will deduct one month from her sentence. Other than that, I
H H
do not find anything in the mitigation which would allow me to give her
I any further sentencing discount. I
J J
(D3, please stand)
K K
22. The sentence is therefore 2 years and 5 months’ imprisonment.
L L
M M
N N
( Isaac Tam )
O
District Judge O
P P
Q Q
R R
S S
T T
U U
V V