DCCC1017/2024 HKSAR v. CHENG HO WANG AND ANOTHER - LawHero
DCCC1017/2024
區域法院（刑事）Deputy District Judge Jason Wan6/11/2025[2025] HKDC 1914
DCCC1017/2024
A A
B B
DCCC 1017/2024
C [2025] HKDC 1914 C
D D
IN THE DISTRICT COURT OF THE
E HONG KONG SPECIAL ADMINISTRATIVE REGION E
CRIMINAL CASE NO 1017 OF 2024
F F
G ----------------------------- G
HKSAR
H H
v
I CHENG HO WANG 1st Defendant I
KWONG HIU MING 2nd Defendant
J J
-----------------------------
K K
Before: Deputy District Judge Jason Wan in Court
L L
Date: 7 November 2025
M Present: Mr Chau King Fung, Fergus, Senior Public Prosecutor, for M
HKSAR/Director of Public Prosecutions
N N
Mr Leung Chiu Lam, Paul, instructed by Messrs Chong &
O Yen, assigned by the Director of Legal Aid for the 1st O
defendant
P P
Mr Cheung Chi Wai, David, instructed by Messrs Joseph M
Q K Chan, Solicitors, assigned by the Director of Legal Aid for Q
the 2nd defendant
R R
Offence: [1] to [12] Dealing with property known or believed to
S represent proceeds of an indictable offence（處理已知道或 S
T 相信為代表從可公訴罪行的得益的財產） T
U U
V V
-2-
A A
B B
[13] Failing to surrender to custody as shall have been
C appointed（沒有按照法庭的指定歸押） C
D D
-----------------------------------------
E REASONS FOR SENTENCE E
-----------------------------------------
F F
G 1. There are two defendants in this case (D1 and D2) and G
together they are facing a total of 13 charges. D1 is charged with six counts
H H
of Dealing with property known or believed to represent proceeds of an
I indictable offence1 (“Money Laundering”) (Charges 1 to 6). Further, D1 I
and D2 are jointly charged with six counts of Money Laundering (Charges
J J
7 to 12). Lastly, D1 is also charged with a count of Failing to surrender to
K custody as shall have been appointed2 (Charge 13). K
L L
2. D1 and D2 pleaded guilty to all the charges and admitted the
M summary of facts. They are convicted of the charges accordingly. M
N N
Summary of Facts
O O
P
3. Between July and August 2021, five citizens fell prey to P
telephone deception. Fraudsters claimed they were Mainland law
Q Q
enforcement officials and accused the victims of committing offences in
R
the Mainland. The victims either made deposits as requested to designated R
bank accounts or disclosed their account credentials to the fraudsters.
S S
1
T Contrary to section 25(1) and (3) of the Organized and Serious Crimes Ordinance, Cap 455, Laws T
of Hong Kong.
2
Contrary to section 9L(2) and (3) of the Criminal Procedure Ordinance, Cap 221, Laws of Hong
U Kong. U
V V
-3-
A A
B B
Subsequently, the victims found out funds in their accounts were
C withdrawn to various accounts. Feeling deceived, they made reports to the C
Police.
D D
E 4. Upon investigation, the personal accounts of D1 and D2 were E
found to have received the funds withdrawn from the victims’ accounts,
F F
either as first layer accounts or as second or third layer accounts.
G G
5. The fund flow details of D1’s accounts in relation to Charges
H H
1 to 6 are set out as follows:
I I
(a) Charge 1 concerns D1’s account at ZA Bank Limited
J J
numbered 387889006880628. Between 7 and 15 July
K 2021, there were 9 deposits in the total sum of K
HK$717,012 and 10 withdrawals in the total sum of
L L
HK$717,000;
M M
(b) Charge 2 concerns D1’s account at Ant Bank (Hong
N N
Kong) Limited numbered 39375333290291558.
O Between 11 and 16 August 2021, there were 9 deposits O
in the total sum of HK$800,033 and 15 withdrawals in
P P
the total sum of HK$800,000;
Q Q
(c) Charge 3 concerns D1’s account at PAO Bank Limited
R R
numbered 7522000131532. Between 13 and 14 August
S 2021, there were 4 deposits in the total sum of S
HK$900,010 and 11 withdrawals in the total sum of
T T
HK$900,000;
U U
V V
-4-
A A
B B
C (d) Charge 4 concerns D1’s account at Fusion Bank C
Limited numbered 8000435152. Between 9 and 17
D D
August 2021, there were 14 deposits in the total sum of
E HK$3,000,009 and 36 withdrawals in the total sum of E
HK$3,000,000;
F F
G (e) Charge 5 concerns D1’s account at Mox Bank Limited G
numbered 74928338115. Between 6 July and 3 August
H H
2021, there were 33 deposits in the total sum of
I HK$1,787,393.13 and 39 withdrawals in the total sum I
of HK$1,787,314; and
J J
K (f) Charge 6 concerns D1’s account at Airstar Bank K
Limited numbered 885000041806. Between 26 July
L L
and 9 August 2021, there were 17 deposits in the total
M sum of HK$5,100,070 and 37 withdrawals in the total M
sum of HK$5,100,045.13.
N N
O 6. The fund flow details of D2’s account in relation to Charges O
7 to 12 are set out as follows:
P P
Q (a) Charge 7 concerns D2’s account at Ant Bank Limited Q
numbered 39375333366539492. Between 11 and 18
R R
August 2021, there were 13 deposits in the total sum of
S HK$740,037 and 20 withdrawals in the total sum of S
HK$740,005;
T T
U U
V V
-5-
A A
B B
(b) Charge 8 concerns D2’s account at PAO Bank Limited
C numbered 7522000133958. Between 20 and 30 August C
2021, there were 21 deposits in the total sum of
D D
HK$2,148,624 and 25 withdrawals in the total sum of
E HK$2,148,591; E
F F
(c) Charge 9 concerns D2’s account at Livi Bank Limited
G numbered 388756012385166. Between 13 and 20 G
August 2021, there were 13 deposits in the total sum of
H H
HK$1,500,016 and 12 withdrawals in the total sum of
I HK$1,500,000; I
J J
(d) Charge 10 concerns D2’s account at Welab Bank
K Limited numbered 1002531098. Between 30 July and K
4 August 2021, there were 19 deposits in the total sum
L L
of HK$1,732,028 and 28 withdrawals in the total sum
M of HK$1,732,012; M
N N
(e) Charge 11 concerns D2’s account at Mox Bank Limited
O numbered 74980544121. Between 30 July and 3 O
August 2021, there were 15 deposits in the total sum of
P P
HK$949,548 and 21 withdrawals in the total sum of
Q HK$949,516; and Q
R R
S S
T T
U U
V V
-6-
A A
B B
(f) Charge 12 concerns D2’s account at ZA Bank Limited
C numbered 387887007505810. Between 4 and 15 C
August 2021, there were 30 deposits in the total sum of
D D
HK$2,653,888.2 and 25 withdrawals in the total sum of
E HK$2,653,811. E
F F
7. On 2 September 2022, D2 was arrested by the Police. Under
G caution, D2 admitted that he opened an account at ZA bank and gave it to G
a friend named “Ah Wai” to use for money remittance purpose. The Police
H H
later conducted a video recorded interview with D2, under caution D2 said
I the followings: I
J J
(a) He and D1 were friends;
K K
(b) D1 knew he was unemployed and asked him to open
L L
some bank accounts to receive and transfer money for
M another friend. He was told that friend was carrying on M
business of money remittance for currency exchange;
N N
O (c) As requested, D2 opened an account with various banks O
and passed the account passwords to D1; and
P P
Q (d) He met with D1 and another person to discuss about the Q
job. He was told that money would be deposited into
R R
his accounts and he would be instructed to transfer the
S money to designated accounts. He would be paid 4% S
of the remittance amount as reward.
T T
U U
V V
-7-
A A
B B
8. On 4 May 2023, D1 was arrested by the Police. Under caution,
C D1 said the followings: C
D D
(a) In mid-2021, he acquainted a person called “Ah Lung”;
E E
(b) Ah Lung asked him if D1 was interested to earn quick
F F
money by opening online bank accounts and pass the
G account details and passwords to Ah Lung. Ah Lung G
said D1 would be given 5% of the money remitted
H H
through his accounts;
I I
(c) He knew D2 was unemployed so he introduced D2 to
J J
Ah Lung to do this job together;
K K
(d) He and D2 later met with Ah Lung to discuss about the
L L
job.
M M
(e) He admitted that he gave his various accounts for others
N N
to use.
O O
9. Concerning Charge 13, D1 was charged and brought before a
P P
magistrate at the Eastern Magistrates’ Courts under the case of ESCC
Q 2792/2023. D1 was granted bail with condition that he had to attend the Q
next hearing. The case was subsequently adjourned for a few occasions
R R
and at the hearing on 20 June 2024 D1 was absent. As a result, a warrant
S of arrest was issued against D1. S
T T
U U
V V
-8-
A A
B B
10. On 25 June 2024, Police officer was able to contact D1. D1
C was told to report to the Police station as soon as possible. On 26 June C
2024, D1 attended the Police station and was arrested accordingly. Later
D D
D1 was interviewed by Police officer. Under caution D1 said he was
E feeling unwell for 2 days and was unable to attend the court hearing. E
F F
Mitigation
G G
11. D1 is 26 years of age and single. He was born locally and
H H
received education up to Form 6. Since graduated in 2016, D1 has been
I working as a barista earning around HK$15,000 per month. He lives with I
his mother in a public housing unit. He has a clear record.
J J
K 12. D2 is also 26 years of age and single. He was born locally K
and received education up to Form 6. He has been working as a warehouse
L L
worker at a hospital earning around HK$14,000 per month. He lives with
M his mother and a sister. He also has a clear record. M
N N
13. Defence submitted that both defendants are genuinely
O remorseful now. They both made full confession to the Police and pleaded O
guilty to all charges. It was also submitted that both D1 and D2 had no
P P
knowledge of any predicate offences underlying the charges. They were
Q not involved in the underlying telephone deceptions and were only being Q
used by others to transfer the money. Further, it was submitted that the
R R
duration of the offences was short. All transactions were made within
S about a month’s time. Lastly, Defence urged the court to consider both S
defendants are of clear record. They are both hardworking young men who
T T
U U
V V
-9-
A A
B B
made a serious mistake. Defence urged the court to be as lenient as
C possible. C
D D
14. As to the Prosecution’s application for enhancement of
E sentence, counsel for both defendants raised no objection and both asked E
the court to adopt a lower percentage of enhancement given both
F F
defendants are remorseful and are first offenders.
G G
Sentencing Consideration
H H
I 15. There is no need to emphasize that money laundering is a very I
serious offence. Not only does it encourage criminal activities indirectly,
J J
but it also helps criminals to legitimize the proceeds of crime. The Court
K of Appeal in cases like HKSAR v Hsu Yu Yi3, HKSAR v Wan Kwok Keung4 K
and HKSAR v Boma5 has already set out the sentencing principles for this
L L
offence. The factors to be taken into account are:
M M
(a) the amount of money involved;
N N
O (b) the level of participation of the defendant; O
P P
(c) the nature of the predicate offence;
Q Q
(d) the defendant’s knowledge of the nature of the
R R
predicate offence;
S S
T T
3
[2010] 5 HKLRD 536
4
[2012] 1 HKLRD 197
5
U [2012] 2 HKLRD 33 U
V V
- 10 -
A A
B B
(e) whether there is any international element;
C C
(f) the sophistication of the offence; and
D D
E (g) duration of the offence. E
F F
16. Based on the facts admitted by D1 and D2, the court is
G prepared to accept that both of them did not have any knowledge of the G
predicate offence. However, they both involved in transferring the money
H H
out of their accounts, therefore their participation cannot be described as
I the lowest. The amount of money involved in each charge is not I
particularly large but the total amount involved in particular for D1 is
J J
substantial.
K K
17. On the other hand, the court has considered the personal
L L
background of both defendants. They are both of clear record and showed
M their remorse by pleading guilty to all charges. M
N N
18. Considered all circumstances, for both defendants, I adopt 36
O months’ imprisonment as the starting point for Charges 1 to 12. They O
pleaded guilty to the charges and are entitled to one-third discount.
P P
Q 19. Prosecution has furnished with the court a witness statement Q
dated 31 October 2025 of Chief Inspector LI Yiu Nam of the Money
R R
Laundering and Terrorist Financing Risk Assessment of the Financial
S Intelligence and Investigation Bureau, Hong Kong Police Force. The S
information provided by Chief Inspector LI shows the prevalence of money
T T
laundering offence in recent years in Hong Kong and the extent of harm
U U
V V
- 11 -
A A
B B
caused to the community. Considered all the information I am satisfied
C that enhancement of sentence is appropriate in this case. Having regard to C
the circumstances of the case, I am of the view that 25% enhancement is
D D
appropriate.
E E
20. As a result, the sentence for each of Charges 1 to 12 is 30
F F
month’s imprisonment.
G G
21. Concerning Charge 13, D1 was arrested 6 days after he failed
H H
to attend the court hearing and it is not in dispute that he voluntarily
I reported to the Police Station after the Police contacted him. The disruption I
caused to the court proceedings, if any, seems minimal. Considered all the
J J
circumstances, I adopt 6 weeks’ imprisonment as the starting point for
K Charge 13. After giving one-third discount for the guilty plea, D1 is K
sentenced to 4 weeks’ imprisonment for Charge 13.
L L
M 22. Lastly, the court has to consider the totality of the sentence. M
In arriving a suitable total sentence, the court has considered all the
N N
circumstances of the case, including the fact that the total amount involved
O for D1 is over HK$21 million and for D2 over HK$9 million, that both O
defendants are of clear record and the offences were committed back in
P P
2021 when both defendants were still quite young. Considered all these,
Q for D1, I order 2 months’ imprisonment of Charges 2 to 10 to be served Q
consecutively to other charges, making a total sentence of 48 months’
R R
imprisonment. For D2, I order 2 months’ imprisonment of Charges 8 to 11
S to be served consecutively to other Charges, making a total sentence of 38 S
months’ imprisonment.
T T
( Jason Wan )
U Deputy District Judge U
V V
A A
B B
DCCC 1017/2024
C [2025] HKDC 1914 C
D D
IN THE DISTRICT COURT OF THE
E HONG KONG SPECIAL ADMINISTRATIVE REGION E
CRIMINAL CASE NO 1017 OF 2024
F F
G ----------------------------- G
HKSAR
H H
v
I CHENG HO WANG 1st Defendant I
KWONG HIU MING 2nd Defendant
J J
-----------------------------
K K
Before: Deputy District Judge Jason Wan in Court
L L
Date: 7 November 2025
M Present: Mr Chau King Fung, Fergus, Senior Public Prosecutor, for M
HKSAR/Director of Public Prosecutions
N N
Mr Leung Chiu Lam, Paul, instructed by Messrs Chong &
O Yen, assigned by the Director of Legal Aid for the 1st O
defendant
P P
Mr Cheung Chi Wai, David, instructed by Messrs Joseph M
Q K Chan, Solicitors, assigned by the Director of Legal Aid for Q
the 2nd defendant
R R
Offence: [1] to [12] Dealing with property known or believed to
S represent proceeds of an indictable offence（處理已知道或 S
T 相信為代表從可公訴罪行的得益的財產） T
U U
V V
-2-
A A
B B
[13] Failing to surrender to custody as shall have been
C appointed（沒有按照法庭的指定歸押） C
D D
-----------------------------------------
E REASONS FOR SENTENCE E
-----------------------------------------
F F
G 1. There are two defendants in this case (D1 and D2) and G
together they are facing a total of 13 charges. D1 is charged with six counts
H H
of Dealing with property known or believed to represent proceeds of an
I indictable offence1 (“Money Laundering”) (Charges 1 to 6). Further, D1 I
and D2 are jointly charged with six counts of Money Laundering (Charges
J J
7 to 12). Lastly, D1 is also charged with a count of Failing to surrender to
K custody as shall have been appointed2 (Charge 13). K
L L
2. D1 and D2 pleaded guilty to all the charges and admitted the
M summary of facts. They are convicted of the charges accordingly. M
N N
Summary of Facts
O O
P
3. Between July and August 2021, five citizens fell prey to P
telephone deception. Fraudsters claimed they were Mainland law
Q Q
enforcement officials and accused the victims of committing offences in
R
the Mainland. The victims either made deposits as requested to designated R
bank accounts or disclosed their account credentials to the fraudsters.
S S
1
T Contrary to section 25(1) and (3) of the Organized and Serious Crimes Ordinance, Cap 455, Laws T
of Hong Kong.
2
Contrary to section 9L(2) and (3) of the Criminal Procedure Ordinance, Cap 221, Laws of Hong
U Kong. U
V V
-3-
A A
B B
Subsequently, the victims found out funds in their accounts were
C withdrawn to various accounts. Feeling deceived, they made reports to the C
Police.
D D
E 4. Upon investigation, the personal accounts of D1 and D2 were E
found to have received the funds withdrawn from the victims’ accounts,
F F
either as first layer accounts or as second or third layer accounts.
G G
5. The fund flow details of D1’s accounts in relation to Charges
H H
1 to 6 are set out as follows:
I I
(a) Charge 1 concerns D1’s account at ZA Bank Limited
J J
numbered 387889006880628. Between 7 and 15 July
K 2021, there were 9 deposits in the total sum of K
HK$717,012 and 10 withdrawals in the total sum of
L L
HK$717,000;
M M
(b) Charge 2 concerns D1’s account at Ant Bank (Hong
N N
Kong) Limited numbered 39375333290291558.
O Between 11 and 16 August 2021, there were 9 deposits O
in the total sum of HK$800,033 and 15 withdrawals in
P P
the total sum of HK$800,000;
Q Q
(c) Charge 3 concerns D1’s account at PAO Bank Limited
R R
numbered 7522000131532. Between 13 and 14 August
S 2021, there were 4 deposits in the total sum of S
HK$900,010 and 11 withdrawals in the total sum of
T T
HK$900,000;
U U
V V
-4-
A A
B B
C (d) Charge 4 concerns D1’s account at Fusion Bank C
Limited numbered 8000435152. Between 9 and 17
D D
August 2021, there were 14 deposits in the total sum of
E HK$3,000,009 and 36 withdrawals in the total sum of E
HK$3,000,000;
F F
G (e) Charge 5 concerns D1’s account at Mox Bank Limited G
numbered 74928338115. Between 6 July and 3 August
H H
2021, there were 33 deposits in the total sum of
I HK$1,787,393.13 and 39 withdrawals in the total sum I
of HK$1,787,314; and
J J
K (f) Charge 6 concerns D1’s account at Airstar Bank K
Limited numbered 885000041806. Between 26 July
L L
and 9 August 2021, there were 17 deposits in the total
M sum of HK$5,100,070 and 37 withdrawals in the total M
sum of HK$5,100,045.13.
N N
O 6. The fund flow details of D2’s account in relation to Charges O
7 to 12 are set out as follows:
P P
Q (a) Charge 7 concerns D2’s account at Ant Bank Limited Q
numbered 39375333366539492. Between 11 and 18
R R
August 2021, there were 13 deposits in the total sum of
S HK$740,037 and 20 withdrawals in the total sum of S
HK$740,005;
T T
U U
V V
-5-
A A
B B
(b) Charge 8 concerns D2’s account at PAO Bank Limited
C numbered 7522000133958. Between 20 and 30 August C
2021, there were 21 deposits in the total sum of
D D
HK$2,148,624 and 25 withdrawals in the total sum of
E HK$2,148,591; E
F F
(c) Charge 9 concerns D2’s account at Livi Bank Limited
G numbered 388756012385166. Between 13 and 20 G
August 2021, there were 13 deposits in the total sum of
H H
HK$1,500,016 and 12 withdrawals in the total sum of
I HK$1,500,000; I
J J
(d) Charge 10 concerns D2’s account at Welab Bank
K Limited numbered 1002531098. Between 30 July and K
4 August 2021, there were 19 deposits in the total sum
L L
of HK$1,732,028 and 28 withdrawals in the total sum
M of HK$1,732,012; M
N N
(e) Charge 11 concerns D2’s account at Mox Bank Limited
O numbered 74980544121. Between 30 July and 3 O
August 2021, there were 15 deposits in the total sum of
P P
HK$949,548 and 21 withdrawals in the total sum of
Q HK$949,516; and Q
R R
S S
T T
U U
V V
-6-
A A
B B
(f) Charge 12 concerns D2’s account at ZA Bank Limited
C numbered 387887007505810. Between 4 and 15 C
August 2021, there were 30 deposits in the total sum of
D D
HK$2,653,888.2 and 25 withdrawals in the total sum of
E HK$2,653,811. E
F F
7. On 2 September 2022, D2 was arrested by the Police. Under
G caution, D2 admitted that he opened an account at ZA bank and gave it to G
a friend named “Ah Wai” to use for money remittance purpose. The Police
H H
later conducted a video recorded interview with D2, under caution D2 said
I the followings: I
J J
(a) He and D1 were friends;
K K
(b) D1 knew he was unemployed and asked him to open
L L
some bank accounts to receive and transfer money for
M another friend. He was told that friend was carrying on M
business of money remittance for currency exchange;
N N
O (c) As requested, D2 opened an account with various banks O
and passed the account passwords to D1; and
P P
Q (d) He met with D1 and another person to discuss about the Q
job. He was told that money would be deposited into
R R
his accounts and he would be instructed to transfer the
S money to designated accounts. He would be paid 4% S
of the remittance amount as reward.
T T
U U
V V
-7-
A A
B B
8. On 4 May 2023, D1 was arrested by the Police. Under caution,
C D1 said the followings: C
D D
(a) In mid-2021, he acquainted a person called “Ah Lung”;
E E
(b) Ah Lung asked him if D1 was interested to earn quick
F F
money by opening online bank accounts and pass the
G account details and passwords to Ah Lung. Ah Lung G
said D1 would be given 5% of the money remitted
H H
through his accounts;
I I
(c) He knew D2 was unemployed so he introduced D2 to
J J
Ah Lung to do this job together;
K K
(d) He and D2 later met with Ah Lung to discuss about the
L L
job.
M M
(e) He admitted that he gave his various accounts for others
N N
to use.
O O
9. Concerning Charge 13, D1 was charged and brought before a
P P
magistrate at the Eastern Magistrates’ Courts under the case of ESCC
Q 2792/2023. D1 was granted bail with condition that he had to attend the Q
next hearing. The case was subsequently adjourned for a few occasions
R R
and at the hearing on 20 June 2024 D1 was absent. As a result, a warrant
S of arrest was issued against D1. S
T T
U U
V V
-8-
A A
B B
10. On 25 June 2024, Police officer was able to contact D1. D1
C was told to report to the Police station as soon as possible. On 26 June C
2024, D1 attended the Police station and was arrested accordingly. Later
D D
D1 was interviewed by Police officer. Under caution D1 said he was
E feeling unwell for 2 days and was unable to attend the court hearing. E
F F
Mitigation
G G
11. D1 is 26 years of age and single. He was born locally and
H H
received education up to Form 6. Since graduated in 2016, D1 has been
I working as a barista earning around HK$15,000 per month. He lives with I
his mother in a public housing unit. He has a clear record.
J J
K 12. D2 is also 26 years of age and single. He was born locally K
and received education up to Form 6. He has been working as a warehouse
L L
worker at a hospital earning around HK$14,000 per month. He lives with
M his mother and a sister. He also has a clear record. M
N N
13. Defence submitted that both defendants are genuinely
O remorseful now. They both made full confession to the Police and pleaded O
guilty to all charges. It was also submitted that both D1 and D2 had no
P P
knowledge of any predicate offences underlying the charges. They were
Q not involved in the underlying telephone deceptions and were only being Q
used by others to transfer the money. Further, it was submitted that the
R R
duration of the offences was short. All transactions were made within
S about a month’s time. Lastly, Defence urged the court to consider both S
defendants are of clear record. They are both hardworking young men who
T T
U U
V V
-9-
A A
B B
made a serious mistake. Defence urged the court to be as lenient as
C possible. C
D D
14. As to the Prosecution’s application for enhancement of
E sentence, counsel for both defendants raised no objection and both asked E
the court to adopt a lower percentage of enhancement given both
F F
defendants are remorseful and are first offenders.
G G
Sentencing Consideration
H H
I 15. There is no need to emphasize that money laundering is a very I
serious offence. Not only does it encourage criminal activities indirectly,
J J
but it also helps criminals to legitimize the proceeds of crime. The Court
K of Appeal in cases like HKSAR v Hsu Yu Yi3, HKSAR v Wan Kwok Keung4 K
and HKSAR v Boma5 has already set out the sentencing principles for this
L L
offence. The factors to be taken into account are:
M M
(a) the amount of money involved;
N N
O (b) the level of participation of the defendant; O
P P
(c) the nature of the predicate offence;
Q Q
(d) the defendant’s knowledge of the nature of the
R R
predicate offence;
S S
T T
3
[2010] 5 HKLRD 536
4
[2012] 1 HKLRD 197
5
U [2012] 2 HKLRD 33 U
V V
- 10 -
A A
B B
(e) whether there is any international element;
C C
(f) the sophistication of the offence; and
D D
E (g) duration of the offence. E
F F
16. Based on the facts admitted by D1 and D2, the court is
G prepared to accept that both of them did not have any knowledge of the G
predicate offence. However, they both involved in transferring the money
H H
out of their accounts, therefore their participation cannot be described as
I the lowest. The amount of money involved in each charge is not I
particularly large but the total amount involved in particular for D1 is
J J
substantial.
K K
17. On the other hand, the court has considered the personal
L L
background of both defendants. They are both of clear record and showed
M their remorse by pleading guilty to all charges. M
N N
18. Considered all circumstances, for both defendants, I adopt 36
O months’ imprisonment as the starting point for Charges 1 to 12. They O
pleaded guilty to the charges and are entitled to one-third discount.
P P
Q 19. Prosecution has furnished with the court a witness statement Q
dated 31 October 2025 of Chief Inspector LI Yiu Nam of the Money
R R
Laundering and Terrorist Financing Risk Assessment of the Financial
S Intelligence and Investigation Bureau, Hong Kong Police Force. The S
information provided by Chief Inspector LI shows the prevalence of money
T T
laundering offence in recent years in Hong Kong and the extent of harm
U U
V V
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A A
B B
caused to the community. Considered all the information I am satisfied
C that enhancement of sentence is appropriate in this case. Having regard to C
the circumstances of the case, I am of the view that 25% enhancement is
D D
appropriate.
E E
20. As a result, the sentence for each of Charges 1 to 12 is 30
F F
month’s imprisonment.
G G
21. Concerning Charge 13, D1 was arrested 6 days after he failed
H H
to attend the court hearing and it is not in dispute that he voluntarily
I reported to the Police Station after the Police contacted him. The disruption I
caused to the court proceedings, if any, seems minimal. Considered all the
J J
circumstances, I adopt 6 weeks’ imprisonment as the starting point for
K Charge 13. After giving one-third discount for the guilty plea, D1 is K
sentenced to 4 weeks’ imprisonment for Charge 13.
L L
M 22. Lastly, the court has to consider the totality of the sentence. M
In arriving a suitable total sentence, the court has considered all the
N N
circumstances of the case, including the fact that the total amount involved
O for D1 is over HK$21 million and for D2 over HK$9 million, that both O
defendants are of clear record and the offences were committed back in
P P
2021 when both defendants were still quite young. Considered all these,
Q for D1, I order 2 months’ imprisonment of Charges 2 to 10 to be served Q
consecutively to other charges, making a total sentence of 48 months’
R R
imprisonment. For D2, I order 2 months’ imprisonment of Charges 8 to 11
S to be served consecutively to other Charges, making a total sentence of 38 S
months’ imprisonment.
T T
( Jason Wan )
U Deputy District Judge U
V V