區域法院（刑事）Deputy District Judge N Wong8/9/2025[2025] HKDC 1546
DCCC1417/2024
A A
B B
DCCC 1417/2024
C [2025] HKDC 1546 C
D D
IN THE DISTRICT COURT OF THE
E HONG KONG SPECIAL ADMINISTRATIVE REGION E
CRIMINAL CASE NO 1417 OF 2024
F F
G ---------------------------- G
HKSAR
H H
v
I SEE PING HON I
----------------------------
J J
K Before: Deputy District Judge N Wong K
Date: 9 September 2025
L L
Present: Mr Lee Wing Yin Wayne, Public Prosecutor, for HKSAR
M Mr Chan Ging Man Robert, instructed by Chan & Ho, M
assigned by the Director of Legal Aid, for the defendant
N N
Offence: 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） P
Q Q
---------------------------------------
R REASONS FOR SENTENCE R
---------------------------------------
S S
T T
U U
V V
-2-
A A
B B
1. The defendant, Mr See Ping-hon, was charged with one count
C of “Dealing with property known or believed to represent proceeds of an C
indictable offence”, contrary to section 25(1) and (3) of the Organized and
D D
Serious Crimes Ordinance.
E E
2. According to the particulars of offence, the defendant is
F F
charged that between the 1st day of September 2023 and the 30th of the
G same month, knowing or having reasonable grounds to believe that a total G
sum of $10.89-odd million in the bank account with the Standard Chartered
H H
Bank, account number 413-8-656238-1, in whole or in part, directly or
I indirectly represented any person’s proceeds of an indictable offence, dealt I
with the said property. He pleaded guilty to the charge and was convicted
J J
accordingly.
K K
3. According to the facts which he has admitted, the amount in
L L
question was the total amount deposited into the Standard Chartered Bank
M account opened by the defendant on 15 February 2022. The defendant was M
the sole authorised signatory of that account. The incident came to light
N N
when one Kam Yun-sang, Johnny, fell prey to an online dating scam and
O transferred HK$862 to the said account on 20 September 2023. O
P P
4. After the matter was reported to the police, it was found that
Q between the 1st and 30th September 2023, the defendant’s account had a Q
total of 3,968 deposits totalling over HK$10.89-odd million, and 1,003
R R
withdrawals, totalling HK$10.91-odd million. Most of these transactions
S were conducted through bank transfers. There were frequent deposits and S
withdrawals on the same day, and the day-end balance of the account was
T T
generally low. The transactions in the account displayed smurfing and
U U
V V
-3-
A A
B B
mirroring patterns and it appeared that the account was used during the
C material period as a temporary repository of funds. C
D D
5. The defendant was arrested on 30 June 2024. When cautioned
E after arrest, he chose to remain silent. He now admits that during the E
material period, he had dealt with the relevant property, namely the
F F
deposits made into his account at the Standard Chartered Bank, knowing
G or having reasonable grounds to believe that the said property, in whole or G
in part, directly or indirectly represented proceeds of indictable offence.
H H
I Defendant’s Background I
J J
6. Defendant is now 46 years old. He was born in Hong Kong.
K He left school after completing Form 3. His parents have both passed away K
and he has no siblings. He is still single. According to Mr Chan, counsel
L L
representing him this morning, before his arrest he was living with his
M stepfather and it is said that the defendant had been employed as a salesman M
for a few years up. He has remained unemployed since April 2022.
N N
O 7. According to the criminal records put before me this morning, O
the defendant has a total of 39 previous convictions entered on 33
P P
occasions. Most of these convictions are for drugs related offences, but
Q there are also 8 offences involving dishonesty. And apart from these, he Q
has also had convictions for gambling and selling infringing copies of
R R
copyright works, etc.
S S
8. In the past 20 years or so, he had served various prison terms
T T
for different offences. The very last conviction he has was entered in March
U U
V V
-4-
A A
B B
2024 for an offence of gambling in a gambling establishment, for which he
C was fined $4,000. C
D D
Sentencing Principle
E E
9. In a good number of cases from the Court of Appeal,
F F
including the case of HKSAR v Hsu Yu Yi and HKSAR v Boma, the court
G has set down a range of factors which a sentencing court should take into G
account when considering sentence.
H H
I 10. Now, without going through these in detail, I think it is right I
to say that the most important factors include:
J J
K (a) the amount of proceeds being dealt with; K
L L
(b) the period within which the dealing took place;
M M
(c) the nature of the predicate offence; and
N N
O (d) the relationship, if any, between the defendant and the O
predicate offence.
P P
Q 11. In the case of Hsu Yu Yi, Mr Justice Cheung, JA as he then Q
was, also referred to the usual range of sentences passed in a series of past
R R
cases. According to his Lordship’s analysis, a starting point of around 4
S years’ imprisonment has been adopted by courts in the territory when the S
proceeds being dealt with were in the region of HK$3 to 6 million. The
T T
U U
V V
-5-
A A
B B
sentence goes up to around 5 years when the money involved is over $10
C million. C
D D
12. In the present case, we are dealing with a total sum close to
E HK$10.9 million. However, the period within which the money was dealt E
with was comparatively short. On the other hand, the number of
F F
transactions involved cannot be said to be small. A total of 3,968 deposits
G and over 1,000 withdrawals were made within that period. G
H H
13. On what is before me, it is also clear that the predicate offence
I is likely to be fraud or fraud related. But in fairness to the defendant, it has I
to be admitted that there is nothing to suggest any connection between the
J J
defendant and the fraudsters behind, except perhaps for the service he
K provided in dealing with the money. K
L L
14. The defendant has close to 40 previous convictions involving
M a catalogue of different offences, some involving dishonesty, but M
fortunately for him he has no previous similar conviction.
N N
O 15. Taking a global view of the matter, I am of the opinion that a O
notional starting point of 4½ years is appropriate. The defendant has
P P
indicated his guilty plea at the outset, he is entitled to a full one-third
Q discount. That will take the notional sentence down to one of 36 months. Q
R R
16. But that is not the end of the matter, because the prosecution
S has made an application for enhancement of sentence under section 27 of S
the Organized and Serious Crimes Ordinance. In support of their
T T
application, a witness statement was given by Chief Inspector Li who is in
U U
V V
-6-
A A
B B
charge of the Money Laundering and Terrorist Financing Risk Assessment
C Division of the Financial Intelligence and Investigation Bureau of the Hong C
Kong Police Force. And that is admitted in the evidence under section 65B
D D
of the Criminal Procedure Ordinance.
E E
17. According to the contents of this statement, the prosecution’s
F F
case on the enhancement application is that, firstly, offences involving the
G use of stooge account has been prevalent for the past few years, and G
secondly, the nature and extent of harm caused to the community by the
H H
use of stooge accounts.
I I
18. Having considered Chief Inspector Li’s statement, I am
J J
satisfied that the application is made on valid ground. I note also that in
K fact the defence has not raised any objection to the application made by the K
prosecution. Looking at the matter in the round, and bearing in mind the
L L
previous decisions made on applications for enhancement in the District
M Court, I believe an enhancement of 20% would have been appropriate in M
the circumstances. With a 20% increase, the sentence which the defendant
N N
will have to serve will become 43 months.
O O
P P
Q ( N Wong ) Q
Deputy District Judge
R R
S S
T T
U U
V V
A A
B B
DCCC 1417/2024
C [2025] HKDC 1546 C
D D
IN THE DISTRICT COURT OF THE
E HONG KONG SPECIAL ADMINISTRATIVE REGION E
CRIMINAL CASE NO 1417 OF 2024
F F
G ---------------------------- G
HKSAR
H H
v
I SEE PING HON I
----------------------------
J J
K Before: Deputy District Judge N Wong K
Date: 9 September 2025
L L
Present: Mr Lee Wing Yin Wayne, Public Prosecutor, for HKSAR
M Mr Chan Ging Man Robert, instructed by Chan & Ho, M
assigned by the Director of Legal Aid, for the defendant
N N
Offence: 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） P
Q Q
---------------------------------------
R REASONS FOR SENTENCE R
---------------------------------------
S S
T T
U U
V V
-2-
A A
B B
1. The defendant, Mr See Ping-hon, was charged with one count
C of “Dealing with property known or believed to represent proceeds of an C
indictable offence”, contrary to section 25(1) and (3) of the Organized and
D D
Serious Crimes Ordinance.
E E
2. According to the particulars of offence, the defendant is
F F
charged that between the 1st day of September 2023 and the 30th of the
G same month, knowing or having reasonable grounds to believe that a total G
sum of $10.89-odd million in the bank account with the Standard Chartered
H H
Bank, account number 413-8-656238-1, in whole or in part, directly or
I indirectly represented any person’s proceeds of an indictable offence, dealt I
with the said property. He pleaded guilty to the charge and was convicted
J J
accordingly.
K K
3. According to the facts which he has admitted, the amount in
L L
question was the total amount deposited into the Standard Chartered Bank
M account opened by the defendant on 15 February 2022. The defendant was M
the sole authorised signatory of that account. The incident came to light
N N
when one Kam Yun-sang, Johnny, fell prey to an online dating scam and
O transferred HK$862 to the said account on 20 September 2023. O
P P
4. After the matter was reported to the police, it was found that
Q between the 1st and 30th September 2023, the defendant’s account had a Q
total of 3,968 deposits totalling over HK$10.89-odd million, and 1,003
R R
withdrawals, totalling HK$10.91-odd million. Most of these transactions
S were conducted through bank transfers. There were frequent deposits and S
withdrawals on the same day, and the day-end balance of the account was
T T
generally low. The transactions in the account displayed smurfing and
U U
V V
-3-
A A
B B
mirroring patterns and it appeared that the account was used during the
C material period as a temporary repository of funds. C
D D
5. The defendant was arrested on 30 June 2024. When cautioned
E after arrest, he chose to remain silent. He now admits that during the E
material period, he had dealt with the relevant property, namely the
F F
deposits made into his account at the Standard Chartered Bank, knowing
G or having reasonable grounds to believe that the said property, in whole or G
in part, directly or indirectly represented proceeds of indictable offence.
H H
I Defendant’s Background I
J J
6. Defendant is now 46 years old. He was born in Hong Kong.
K He left school after completing Form 3. His parents have both passed away K
and he has no siblings. He is still single. According to Mr Chan, counsel
L L
representing him this morning, before his arrest he was living with his
M stepfather and it is said that the defendant had been employed as a salesman M
for a few years up. He has remained unemployed since April 2022.
N N
O 7. According to the criminal records put before me this morning, O
the defendant has a total of 39 previous convictions entered on 33
P P
occasions. Most of these convictions are for drugs related offences, but
Q there are also 8 offences involving dishonesty. And apart from these, he Q
has also had convictions for gambling and selling infringing copies of
R R
copyright works, etc.
S S
8. In the past 20 years or so, he had served various prison terms
T T
for different offences. The very last conviction he has was entered in March
U U
V V
-4-
A A
B B
2024 for an offence of gambling in a gambling establishment, for which he
C was fined $4,000. C
D D
Sentencing Principle
E E
9. In a good number of cases from the Court of Appeal,
F F
including the case of HKSAR v Hsu Yu Yi and HKSAR v Boma, the court
G has set down a range of factors which a sentencing court should take into G
account when considering sentence.
H H
I 10. Now, without going through these in detail, I think it is right I
to say that the most important factors include:
J J
K (a) the amount of proceeds being dealt with; K
L L
(b) the period within which the dealing took place;
M M
(c) the nature of the predicate offence; and
N N
O (d) the relationship, if any, between the defendant and the O
predicate offence.
P P
Q 11. In the case of Hsu Yu Yi, Mr Justice Cheung, JA as he then Q
was, also referred to the usual range of sentences passed in a series of past
R R
cases. According to his Lordship’s analysis, a starting point of around 4
S years’ imprisonment has been adopted by courts in the territory when the S
proceeds being dealt with were in the region of HK$3 to 6 million. The
T T
U U
V V
-5-
A A
B B
sentence goes up to around 5 years when the money involved is over $10
C million. C
D D
12. In the present case, we are dealing with a total sum close to
E HK$10.9 million. However, the period within which the money was dealt E
with was comparatively short. On the other hand, the number of
F F
transactions involved cannot be said to be small. A total of 3,968 deposits
G and over 1,000 withdrawals were made within that period. G
H H
13. On what is before me, it is also clear that the predicate offence
I is likely to be fraud or fraud related. But in fairness to the defendant, it has I
to be admitted that there is nothing to suggest any connection between the
J J
defendant and the fraudsters behind, except perhaps for the service he
K provided in dealing with the money. K
L L
14. The defendant has close to 40 previous convictions involving
M a catalogue of different offences, some involving dishonesty, but M
fortunately for him he has no previous similar conviction.
N N
O 15. Taking a global view of the matter, I am of the opinion that a O
notional starting point of 4½ years is appropriate. The defendant has
P P
indicated his guilty plea at the outset, he is entitled to a full one-third
Q discount. That will take the notional sentence down to one of 36 months. Q
R R
16. But that is not the end of the matter, because the prosecution
S has made an application for enhancement of sentence under section 27 of S
the Organized and Serious Crimes Ordinance. In support of their
T T
application, a witness statement was given by Chief Inspector Li who is in
U U
V V
-6-
A A
B B
charge of the Money Laundering and Terrorist Financing Risk Assessment
C Division of the Financial Intelligence and Investigation Bureau of the Hong C
Kong Police Force. And that is admitted in the evidence under section 65B
D D
of the Criminal Procedure Ordinance.
E E
17. According to the contents of this statement, the prosecution’s
F F
case on the enhancement application is that, firstly, offences involving the
G use of stooge account has been prevalent for the past few years, and G
secondly, the nature and extent of harm caused to the community by the
H H
use of stooge accounts.
I I
18. Having considered Chief Inspector Li’s statement, I am
J J
satisfied that the application is made on valid ground. I note also that in
K fact the defence has not raised any objection to the application made by the K
prosecution. Looking at the matter in the round, and bearing in mind the
L L
previous decisions made on applications for enhancement in the District
M Court, I believe an enhancement of 20% would have been appropriate in M
the circumstances. With a 20% increase, the sentence which the defendant
N N
will have to serve will become 43 months.
O O
P P
Q ( N Wong ) Q
Deputy District Judge
R R
S S
T T
U U
V V