由此
A A
B DCCC 370/2024 B
[2025] HKDC 628
C C
IN THE DISTRICT COURT OF THE
D D
HONG KONG SPECIAL ADMINISTRATIVE REGION
E CRIMINAL CASE NO. 370 OF 2024 E
F
____________ F
G HKSAR G
H
v H
JUWARIYAH-SUGIYO (D4)
I I
____________
J J
Before : H.H. Judge G. Lam
K Date : 7 April 2025 K
Present : Mr. Trevor Beel, counsel on fiat, for HKSAR.
L Mr. Richard Donald instructed by M/s K.B. Chau L
& Co., assigned by the Director of Legal Aid, for
M the defendant. M
Offence : (3) Dealing with property known or believed to
represent proceeds of an indictable offence（處理
N 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
NDUBISI ANTHONY CHUKWUEMEKA (D1) and D4 are
R R
jointly charged with a "Money laundering" offence (Charge 3). D4 pleaded
S S
guilty to the charge.
T T
U U
V V
由此
- 2 -
A A
Summary of Facts
B B
C 2. On 14 January 2022, D4 opened a bank account C
D (No.506893247833) with HSBC ("the Account"). In the opening mandate, D
E
D4 stated that she was a domestic helper and the purpose of the Account was E
for receiving her salary.
F F
G G
The predicate offence (romance scam)
H H
I 3. On 13 May 2022, Madam Tsang deposited 2 sums of cash I
J
(respectively HK$75,000 and HK$25,000) into the Account. On 20 May J
2022, she deposited another sum of HK$50,000 into the Account. Madam
K K
Tsang turned out to be a victim of an online romance scam on Facebook.
L L
Her loss amounted to HK$465,000 in total.
M M
N N
Money laundering
O O
4. Between 17 January and 6 June 2022, the Account received 24
P P
deposits, which aggregated to a sum of HK$692,100 (including
Q Q
HK$150,000 from Madam Tsang). The Account has also received a deposit
R R
in the sum of US$30,000. A total sum of HK$691,971.13 was withdrawn by
S S
45 transactions. The sum of US$30,000 was withdrawn by 9 transactions.
T T
U U
V V
由此
- 3 -
A A
5. Madam Tsang has also deposited money into another bank
B B
account (No.027796804833; Account 2). On 13 May 2022, a total sum of
C C
HK$51,700 (respectively HK$100 and HK$51,600) was transferred from
D D
the Account to Account 2.
E E
F F
Investigation
G G
6. D4 is a foreign domestic helper from Indonesia earning
H H
HK$4,600 per month. She came to Hong Kong in January 2018. The Police
I I
arrested her on 9 January 2023 at the address she had provided to HSBC.
J J
K K
7. In her video recorded interview, D4 claimed that she lost her
L ATM card soon after she opened the Account. She did not report her lost L
M card to the bank because she had no time and there was no money in the M
N Account. She also claimed that she did not lend her bank card to anyone nor N
had she allowed anyone to use the Account.
O O
P P
8. D4 now admits that she had allowed third parties to use the
Q Q
Account and in doing so, she had reasonable grounds to believe that the
R R
Account would be used to facilitate the deposits and withdrawals of funds
S S
which were proceeds of an indictable offence.
T T
U U
V V
由此
- 4 -
A A
Mitigation & Sentence
B B
C 9. D4 is 44 and has 1 conviction of a "Theft" offence (dated C
D 2006). Defence counsel Mr. Donald informed me that D4 is married with 2 D
E
children (aged 13 and 9). Her husband and children live in Indonesia. In E
mitigation, Mr. Donald submitted that D4's mother became ill around
F F
January 2022. She borrowed money from a woman named "Aring" to pay
G G
for her mother's medical expenses. Aring gave $2,000 cash to D4 in return
H H
for D4 giving her the ATM card and PIN of the Account. D4's mother
I I
passed away in April 2022. D4 has lost contact with Aring.
J J
K K
10. The prosecution has applied for an enhanced sentence pursuant
L to section 27(2)(c) and (d) of the Organized and Serious Crimes Ordinance L
M (Cap.455) on the basis of prevalence as well as the nature and extent of harm M
N caused to the community. Mr. Donald did not object. N
O O
11. I bear in mind the Court of Appeal's decision in HKSAR v Xu
P P
Mai Qing CACC 464/2005, whereas Yeung JA (as he then was) held "Under
Q Q
section 27(11) of OSCO, what the prosecution has to prove is the prevalence
R R
of the offence, not the increase in the number of such offences1."
S S
T T
1
Paragraph 16 on p.4 of the judgment.
U U
V V
由此
- 5 -
A A
12. I have read the witness statement of CIP Li dated 18 February
B B
2025. I am satisfied that in 2022, money laundering cases were prevalent in
C C
Hong Kong in terms of the number of cases as well as the total value of
D D
monetary loss.
E E
F F
13. There is clear and cogent evidence before me that money
G laundering by bank accounts opened by "ML Stooges" is still widespread G
H and commonly being practised in Hong Kong today. What true criminals H
I need are gullible scapegoats like D4 in the present case who would take the I
J
blame for them when the law enforcement takes action. The court must J
send a clear message to the general public that people who play the role of
K K
"ML Stooge" will receive severe punishment, so that there is a deterrent
L L
effect. When there are fewer or no willing "ML Stooges", the criminal
M M
activities which rely on their bank accounts would fail.
N N
O O
14. This is a typical case of money laundering by way of a stooge
P P
bank account. D4 claimed complete ignorance of the romance scam against
Q Madam Tsang; however, the scam would have been meaningless without Q
R D4's bank account. Assuming what D4 said is true, given her role, the total R
S
sums which went through the Account and the overall circumstances, I grant S
the prosecution's application and will enhance the sentence by 25%.
T T
U U
V V
由此
- 6 -
A A
15. The Court of Appeal in SJ v Wan Kwok Keung [2012] 1
B B
HKLRD 201 held :-
C C
Generally, the sentence for "money laundering" offences should mainly
D D
reflect the amount of "black money" laundered and not the benefit obtained
by the defendant or others. The reason being that it is very difficult to prove
E E
the benefit concerned, and in most "money laundering" cases, there may not
F be evidence to show from what indictable offence the "black money" are in F
fact derived. Of course, if there is information to prove that the "black
G money" is originated from serious crimes, including drug trafficking, G
kidnap and blackmail, illegal human trafficking, other organized crimes,
H H
etc. or the defendant's benefit is huge, then the sentence should be adjusted
upward.2
I I
J J
16. In determining the proper starting point, I have reminded
K K
myself of the sentencing principles laid down in HKSAR v Hsu Yu Yi [2010]
L L
5 HKLRD 545 and HKSAR v Boma Amaso [2012] 2 HKLRD 33. I have
M M
also borne in mind the amounts of money involved, the duration of the
N offence, D4's role in relation to the movements of funds as well as her N
O personal circumstances. O
P P
17. In SJ v Ngai Fung Sin Apple [2013] 5 HKLRD 104, Yeung V-P
Q Q
held :-
R R
Generally speaking, the sentence passed in a "money laundering" case is
S S
primarily to reflect the amount of the "illicit/black money" involved.
T T
2
Paragraphs 12 and 13 on pp 204-205.
U U
V V
由此
- 7 -
A A
Neither the fact that the "illicit/black money" was actually not derived from
B B
an indictable offence nor the defendant's ignorance of the actual source of
the "illicit/black money" is necessarily a valid mitigating factor…3
C C
D D
18. I accept there is no evidence in the present case showing that:
E E
(i) except the HK$150,000 from Madam Tsang, the funds received by the
F F
Account were related to any predicate offence; and (ii) either D4 was
G G
involved in or had any knowledge of any predicate offence. As the sole
H owner of the Account, D4 should have retained its ultimate control and paid H
I attention to its transactions on a regular basis. These were her duties and she I
J has neglected them. J
K K
19. On the other hand, I cannot overlook the fact that HK$692,100
L L
and US$30,000 (i.e. approximately HK$926,0004 in total) went through the
M M
Account within a period of almost 6 months. By giving her bank account to
N N
someone and thus allowing funds of unknown origins to pass through the
O O
Account, D4 played a pivotal role in helping the mastermind(s) of criminal
P P
activities to access their illegal funds without revealing their identities.
Q Q
R R
S S
T 3
See paragraph 44, p 114. T
4
Adopting HK$7.80 to US$1 as the exchange rate.
U U
V V
由此
- 8 -
A A
20. In the circumstances, I adopt a starting point of 33 months'
B B
imprisonment 5 . With the timely guilty plea, the sentence becomes 22
C C
months. Apart from this, I see no other mitigating factors which warrant any
D D
further reduction. With the 25% enhancement, I sentence D4 to 27 months'
E E
imprisonment for Charge 3.
F F
G G
H (G. Lam) H
District Judge
I I
J J
K K
L L
M M
N N
O O
P P
Q Q
R R
S S
T 5
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. (See paragraph 15 of the judgment)
U U
V V
由此
A A
B DCCC 370/2024 B
[2025] HKDC 628
C C
IN THE DISTRICT COURT OF THE
D D
HONG KONG SPECIAL ADMINISTRATIVE REGION
E CRIMINAL CASE NO. 370 OF 2024 E
F
____________ F
G HKSAR G
H
v H
JUWARIYAH-SUGIYO (D4)
I I
____________
J J
Before : H.H. Judge G. Lam
K Date : 7 April 2025 K
Present : Mr. Trevor Beel, counsel on fiat, for HKSAR.
L Mr. Richard Donald instructed by M/s K.B. Chau L
& Co., assigned by the Director of Legal Aid, for
M the defendant. M
Offence : (3) Dealing with property known or believed to
represent proceeds of an indictable offence（處理
N 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
NDUBISI ANTHONY CHUKWUEMEKA (D1) and D4 are
R R
jointly charged with a "Money laundering" offence (Charge 3). D4 pleaded
S S
guilty to the charge.
T T
U U
V V
由此
- 2 -
A A
Summary of Facts
B B
C 2. On 14 January 2022, D4 opened a bank account C
D (No.506893247833) with HSBC ("the Account"). In the opening mandate, D
E
D4 stated that she was a domestic helper and the purpose of the Account was E
for receiving her salary.
F F
G G
The predicate offence (romance scam)
H H
I 3. On 13 May 2022, Madam Tsang deposited 2 sums of cash I
J
(respectively HK$75,000 and HK$25,000) into the Account. On 20 May J
2022, she deposited another sum of HK$50,000 into the Account. Madam
K K
Tsang turned out to be a victim of an online romance scam on Facebook.
L L
Her loss amounted to HK$465,000 in total.
M M
N N
Money laundering
O O
4. Between 17 January and 6 June 2022, the Account received 24
P P
deposits, which aggregated to a sum of HK$692,100 (including
Q Q
HK$150,000 from Madam Tsang). The Account has also received a deposit
R R
in the sum of US$30,000. A total sum of HK$691,971.13 was withdrawn by
S S
45 transactions. The sum of US$30,000 was withdrawn by 9 transactions.
T T
U U
V V
由此
- 3 -
A A
5. Madam Tsang has also deposited money into another bank
B B
account (No.027796804833; Account 2). On 13 May 2022, a total sum of
C C
HK$51,700 (respectively HK$100 and HK$51,600) was transferred from
D D
the Account to Account 2.
E E
F F
Investigation
G G
6. D4 is a foreign domestic helper from Indonesia earning
H H
HK$4,600 per month. She came to Hong Kong in January 2018. The Police
I I
arrested her on 9 January 2023 at the address she had provided to HSBC.
J J
K K
7. In her video recorded interview, D4 claimed that she lost her
L ATM card soon after she opened the Account. She did not report her lost L
M card to the bank because she had no time and there was no money in the M
N Account. She also claimed that she did not lend her bank card to anyone nor N
had she allowed anyone to use the Account.
O O
P P
8. D4 now admits that she had allowed third parties to use the
Q Q
Account and in doing so, she had reasonable grounds to believe that the
R R
Account would be used to facilitate the deposits and withdrawals of funds
S S
which were proceeds of an indictable offence.
T T
U U
V V
由此
- 4 -
A A
Mitigation & Sentence
B B
C 9. D4 is 44 and has 1 conviction of a "Theft" offence (dated C
D 2006). Defence counsel Mr. Donald informed me that D4 is married with 2 D
E
children (aged 13 and 9). Her husband and children live in Indonesia. In E
mitigation, Mr. Donald submitted that D4's mother became ill around
F F
January 2022. She borrowed money from a woman named "Aring" to pay
G G
for her mother's medical expenses. Aring gave $2,000 cash to D4 in return
H H
for D4 giving her the ATM card and PIN of the Account. D4's mother
I I
passed away in April 2022. D4 has lost contact with Aring.
J J
K K
10. The prosecution has applied for an enhanced sentence pursuant
L to section 27(2)(c) and (d) of the Organized and Serious Crimes Ordinance L
M (Cap.455) on the basis of prevalence as well as the nature and extent of harm M
N caused to the community. Mr. Donald did not object. N
O O
11. I bear in mind the Court of Appeal's decision in HKSAR v Xu
P P
Mai Qing CACC 464/2005, whereas Yeung JA (as he then was) held "Under
Q Q
section 27(11) of OSCO, what the prosecution has to prove is the prevalence
R R
of the offence, not the increase in the number of such offences1."
S S
T T
1
Paragraph 16 on p.4 of the judgment.
U U
V V
由此
- 5 -
A A
12. I have read the witness statement of CIP Li dated 18 February
B B
2025. I am satisfied that in 2022, money laundering cases were prevalent in
C C
Hong Kong in terms of the number of cases as well as the total value of
D D
monetary loss.
E E
F F
13. There is clear and cogent evidence before me that money
G laundering by bank accounts opened by "ML Stooges" is still widespread G
H and commonly being practised in Hong Kong today. What true criminals H
I need are gullible scapegoats like D4 in the present case who would take the I
J
blame for them when the law enforcement takes action. The court must J
send a clear message to the general public that people who play the role of
K K
"ML Stooge" will receive severe punishment, so that there is a deterrent
L L
effect. When there are fewer or no willing "ML Stooges", the criminal
M M
activities which rely on their bank accounts would fail.
N N
O O
14. This is a typical case of money laundering by way of a stooge
P P
bank account. D4 claimed complete ignorance of the romance scam against
Q Madam Tsang; however, the scam would have been meaningless without Q
R D4's bank account. Assuming what D4 said is true, given her role, the total R
S
sums which went through the Account and the overall circumstances, I grant S
the prosecution's application and will enhance the sentence by 25%.
T T
U U
V V
由此
- 6 -
A A
15. The Court of Appeal in SJ v Wan Kwok Keung [2012] 1
B B
HKLRD 201 held :-
C C
Generally, the sentence for "money laundering" offences should mainly
D D
reflect the amount of "black money" laundered and not the benefit obtained
by the defendant or others. The reason being that it is very difficult to prove
E E
the benefit concerned, and in most "money laundering" cases, there may not
F be evidence to show from what indictable offence the "black money" are in F
fact derived. Of course, if there is information to prove that the "black
G money" is originated from serious crimes, including drug trafficking, G
kidnap and blackmail, illegal human trafficking, other organized crimes,
H H
etc. or the defendant's benefit is huge, then the sentence should be adjusted
upward.2
I I
J J
16. In determining the proper starting point, I have reminded
K K
myself of the sentencing principles laid down in HKSAR v Hsu Yu Yi [2010]
L L
5 HKLRD 545 and HKSAR v Boma Amaso [2012] 2 HKLRD 33. I have
M M
also borne in mind the amounts of money involved, the duration of the
N offence, D4's role in relation to the movements of funds as well as her N
O personal circumstances. O
P P
17. In SJ v Ngai Fung Sin Apple [2013] 5 HKLRD 104, Yeung V-P
Q Q
held :-
R R
Generally speaking, the sentence passed in a "money laundering" case is
S S
primarily to reflect the amount of the "illicit/black money" involved.
T T
2
Paragraphs 12 and 13 on pp 204-205.
U U
V V
由此
- 7 -
A A
Neither the fact that the "illicit/black money" was actually not derived from
B B
an indictable offence nor the defendant's ignorance of the actual source of
the "illicit/black money" is necessarily a valid mitigating factor…3
C C
D D
18. I accept there is no evidence in the present case showing that:
E E
(i) except the HK$150,000 from Madam Tsang, the funds received by the
F F
Account were related to any predicate offence; and (ii) either D4 was
G G
involved in or had any knowledge of any predicate offence. As the sole
H owner of the Account, D4 should have retained its ultimate control and paid H
I attention to its transactions on a regular basis. These were her duties and she I
J has neglected them. J
K K
19. On the other hand, I cannot overlook the fact that HK$692,100
L L
and US$30,000 (i.e. approximately HK$926,0004 in total) went through the
M M
Account within a period of almost 6 months. By giving her bank account to
N N
someone and thus allowing funds of unknown origins to pass through the
O O
Account, D4 played a pivotal role in helping the mastermind(s) of criminal
P P
activities to access their illegal funds without revealing their identities.
Q Q
R R
S S
T 3
See paragraph 44, p 114. T
4
Adopting HK$7.80 to US$1 as the exchange rate.
U U
V V
由此
- 8 -
A A
20. In the circumstances, I adopt a starting point of 33 months'
B B
imprisonment 5 . With the timely guilty plea, the sentence becomes 22
C C
months. Apart from this, I see no other mitigating factors which warrant any
D D
further reduction. With the 25% enhancement, I sentence D4 to 27 months'
E E
imprisonment for Charge 3.
F F
G G
H (G. Lam) H
District Judge
I I
J J
K K
L L
M M
N N
O O
P P
Q Q
R R
S S
T 5
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. (See paragraph 15 of the judgment)
U U
V V