A A
B B
DCCC 1418/2024
C [2025] HKDC 2010 C
D D
IN THE DISTRICT COURT OF THE
E HONG KONG SPECIAL ADMINISTRATIVE REGION E
CRIMINAL CASE NO 1418 OF 2024
F F
G ———————— G
HKSAR
H H
v
I HUANG ZHENHUA I
————————
J J
K Before: His Honour Judge Tam in Court K
Date: 25 November 2025
L L
Present: Ms Chit Noelle Aileen, Senior Public Prosecutor, for HKSAR
M Mr Lam Shun Chiu, Counsel instructed by Messrs Ho Kan M
Lawyers, assigned by DLA
N N
Offences: [1] - [3] 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. Mr Huang pleaded guilty before me to 3 charges of Dealing
C with property known or believed to represent proceeds of an indictable C
offence, contrary to section 25(1) and (3) of the Organized and Serious
D D
Crimes Ordinance, Cap 455.
E E
2. Particulars of the charges are that he, A, in Hong Kong,
F F
together with a person unknown, knowing or having reasonable grounds to
G believe that property namely a total sum of B in the bank account with C, G
account number D, in whole or in part directly or indirectly represented
H H
any person’s proceeds of an indictable offence, dealt with the said property.
I I
3. For Charge 1, A is on or about 3 June 2023; B is $950,799
J J
Hong Kong currency; C is China CITIC Bank International Limited; D is
K 018772111479900. K
L L
4. For Charge 2, A is between 9 and 12 June 2023, both dates
M inclusive; B is $332,680 United States currency; C is Standard Chartered M
Bank (Hong Kong) Limited; D is 320-8-905376-1.
N N
O 5. For Charge 3, A is between 4 and 7 March 2024, both dates O
inclusive; B is $2,134,317.15 Hong Kong currency; C is Industrial and
P P
Commercial Bank of China (Asia) Limited; D is 866-823-39731-0.
Q Q
R R
S S
T T
U U
V V
-3-
A A
B B
Facts admitted by Mr Huang
C C
Charge 1
D D
E 6. In May 2023, PW1 (aged 20) received phone call(s) from E
unknown persons posing as PRC PSB officers. PW1 was alleged to have
F F
committed crime in PRC and was instructed to deposit HK$319,999 into
G various bank accounts in Hong Kong, including the bank account specified G
under Charge 1 in the name of Mr Huang (“Charge 1 Account”) in order
H H
to prove her innocence. After PW1 realized it was a scam, she made a
I police report. I
J J
7. The Charge 1 Account was opened by Mr Huang at a Hong
K Kong branch office on 1 June 2023, with his PRC ID Card. Mr Huang was K
the sole signatory with on-line banking activated. On the opening mandate,
L L
it was stated that Mr Huang was a technician earning about HK$30,000
M monthly with a reported address in Gaozhou City, Guangdong Province. M
N N
8. Fund flow analysis of the Charge 1 Account showed
O repository pattern on 3 June 2023 as follows: O
P P
(a) 4 deposits totaling HK$950,799 from 2 persons
Q Q
including PW1;
R R
(b) 4 withdrawals totaling HK$949,301.81 to 4 different
S S
persons; and
T T
U U
V V
-4-
A A
B B
(c) The account became inactive afterwards leaving a
C balance of HK$1,498.14. C
D D
Charge 2
E E
9. In May 2023, a male informant residing in the United States
F F
fell prey to email scam and was instructed to deposit money into various
G bank accounts in Hong Kong including the bank account specified under G
Charge 2 in the name of Mr Huang (“Charge 2 Account”) for the purpose
H H
of fixing PayPal issues. After he realized it was a scam, a report was made
I to the Hong Kong Police. I
J J
10. The Charge 2 Account was opened by Mr Huang at a Hong
K Kong branch office on 30 May 2023, with a copy of his Exit-Entry Permit K
for Travelling to and from Hong Kong and Macao. Mr Huang was the sole
L L
signatory. He opted for e-statement. On the opening mandate, it was stated
M that Mr Huang was earning about HK$28,000 monthly with a reported M
residential address in Gaozhou City, Guangdong Province.
N N
O 11. The Charge 2 Account was a USD & HKD dual currency O
account. The informant deposited USD119,900 to the USD sub-account
P P
on 9 June 2023. The same was transferred to the HKD sub-account (being
Q Q
HK$936,047.31). The fund in the HKD sub-account was then transferred
R
out. The monies in the HKD sub-account originated from the USD sub- R
account.
S S
T
12. Fund flow analysis of the Charge 2 Account (USD sub- T
account) showed repository pattern from 9 to 12 June 2023 as follows:
U U
V V
-5-
A A
B B
(a) 3 deposits totaling USD332,680 (around HK$2.59
C million) from 2 entities including the informant; C
D D
(b) One withdrawal totaling USD119,900 to the HKD sub-
E account; and E
F F
(c) The USD sub-account became inactive afterwards
G leaving a balance of USD212,864.22 (Letter of no G
consent was issued).
H H
I Arrest and caution (Charges 1 & 2) I
J J
13. Mr Huang was and is a two-way permit holder. He was
K arrested when he arrived in Hong Kong via Lok Ma Chau on 2 May 2024. K
He stated in two cautioned VRIs on 3 May 2024 that:-
L L
M (a) He was educated up to secondary level and he co- M
owned a restaurant in Mainland;
N N
O (b) He lived alone in a rented unit with rental payment of a O
few hundred dollars;
P P
Q Q
(c) He had no assets in Hong Kong or Mainland;
R R
(d) He was declared bankrupt in around 2021 and was still
S S
owing debts of around a few hundred thousand dollars;
T T
(e) He repaid the debts monthly; and
U U
V V
-6-
A A
B B
C (f) He denied knowledge of transactions in the Charge 1 C
Account and the Charge 2 Account.
D D
E 14. Mr Huang now admits that, together with a person unknown, E
he committed the offences subject of Charges 1 and 2.
F F
G Charge 3 G
H H
15. In March 2024, a Singaporean woman fell prey to online
I scam. She followed instructions to deposit money into various bank I
accounts in Hong Kong, including the bank account specified under Charge
J J
3 in the name of Mr Huang (“Charge 3 Account”). After the scam was
K recognized, a report was made to the Hong Kong Police. K
L L
16. The Charge 3 Account was an integrated multi-currency
M account opened by Mr Huang at a Hong Kong branch office on 3 March M
2024 with his PRC ID Card and his two-way permit. Mr Huang was the
N N
sole signatory.
O O
17. Fund flow analysis of the Charge 3 Account showed
P P
repository pattern between 4 and 7 March 2024:-
Q Q
R
(a) 5 deposits totaling HK$2,134,317.15 via FPS transfer R
deposit (including a HK$10,000 cash deposit into the
S S
HKD savings sub-account on 4 March 2024; and the
T
deposit of SGD192,556 (around HK$1,124,317.15) T
from the informant on 7 March 2024, which was
U U
V V
-7-
A A
B B
transferred to the HKD current sub-account on the same
C day); C
D D
(b) 4 withdrawals totaling HK$1,210,000 via FPS transfer
E withdrawal; and E
F F
(c) The account became inactive afterwards leaving a
G balance of HK$924,367.15 (Letter of no consent was G
issued).
H H
I 18. Mr Huang was arrested on 28 August 2024 for Charge 3. I
Under caution, he admitted he had no reported income or landed property
J J
in Hong Kong.
K K
19. Mr Huang now admits that, together with a person unknown,
L L
he committed the offence subject of Charge 3.
M M
Criminal record
N N
O 20. Mr Huang has a clear record in Hong Kong. O
P P
Antecedents
Q Q
R
21. Mr Huang is aged 33 (30-31 at the time of the offences), R
educated to intermediate school in Mainland, unemployed in Hong Kong.
S S
Mr Huang was living with his parents, his children and his girlfriend, and
T
his own younger brother in Guangdong. T
U U
V V
-8-
A A
B B
Mitigation
C C
22. Mr Lam Shun Chiu of counsel assigned by the Director of
D D
Legal Aid mitigated on behalf of Mr Huang. The following is a summary
E of the mitigation submissions. E
F F
23. Mr Huang is a Mainland resident. He was living with his
G family in a village in Gaozhou Shi (City) of Guangdong Province. G
H H
24. Mr Huang was educated to F3 level. He is divorced with two
I children. I
J J
25. Mr Huang was living with his girlfriend who is working at a
K nursery. Mr Huang’s grandmother (80+) and his parents (60+) all depend K
on Mr Huang and his girlfriend.
L L
M 26. Mr Huang used to be a peasant but in early 2023, he became M
the owner of a barbecue shop in the local town.
N N
O 27. In early 2023, a friend suggested to him that he could go to O
Hong Kong and open bank accounts so that he might borrow money from
P P
the banks in Hong Kong for his business in future.
Q Q
R
28. He therefore followed his friend to Hong Kong where he R
opened two bank accounts with the assistance of his friend. Reposing
S S
misguided trust in his friend, Mr Huang allowed him to use and operate
T
these accounts at the same time failing to appreciate the risks and T
problematic nature of these transactions. Due to his ignorance and
U U
V V
-9-
A A
B B
simplemindedness, Mr Huang came to Hong Kong in March 2024 and
C opened another bank account. Similarly, he lent this account to his friend C
for use.
D D
E 29. There is no sentencing tariff for this type of case: HKSAR v E
Boma [2012] 2 HKLRD 33 at paras 24-27. The amount of money
F F
laundered is just one of the factors for consideration, not the sole factor nor
G the most important one. The factors for consideration are: G
H H
(a) The amount of money laundered;
I I
(b) The seriousness of the predicate offence which
J J
generated the crime proceeds;
K K
(c) Whether the offender participated in the predicate
L L
offence;
M M
(d) Whether the offender actually knew about that the
N N
proceeds were from the predicate offence or he just had
O reasonable grounds to believe that the properties were O
crime proceeds;
P P
Q Q
(e) Whether the offender was a beneficiary of the
R
laundering process or he was just a conduit; R
S S
(f) Whether the case involved an organized and
T
sophisticated scheme where the offender was the T
U U
V V
- 10 -
A A
B B
director of the laundering exercise; or he may be a
C lowly employee in the exercise; C
D D
(g) Whether the offence involved a single transaction or,
E on the other hand, many transactions over an extended E
period;
F F
G (h) Whether deceit to achieve the objective had been G
employed;
H H
I (i) Whether the case had an international element; and I
J J
(j) The list is not exhaustive; the sentencing judge has to
K engage his ‘feel’ for the case bringing to bear his K
sentencing experience bearing in mind at all times the
L L
mischief at which the legislation is directed.
M M
30. It was also pointed out in Boma that “persons down the chain
N N
there will be gradations of culpability” and persons with no more
O participation and no more knowledge than that it 1 is going to be used for O
some sort of crime is much less culpable than an offender of a different sort
P P
not “used” in this way (para 40(8)).
Q Q
R
31. It was submitted that Mr Huang was in fact at the lowest end R
of the gradations of culpability.
S S
T T
1
U ie the account U
V V
- 11 -
A A
B B
32. The amount of money dealt with no doubt has to be
C considered. In Secretary for Justice v Wan Kwok Keung [2012] 1 HKLRD C
201, the Court considered the knowledge of the nature of the predicate
D D
offence, the benefit to the respondent, the length of the period of the
E offence, the amount of money involved, and held that a starting point not E
lower than 4 years should be adopted.
F F
G 33. In the present case, it was submitted that the amount and the G
culpability is substantially lower than Wan Kwok Keung and therefore a
H H
starting point substantially lower than 4 years should be adopted.
I I
34. Regarding request for enhancement of sentence, it was
J J
submitted that the policy objective is to enable the courts to mete out
K additional punishment to offenders in view of prevalence or/and grave K
harm occasioned so that 2 greater deterrence to the potential future
L L
offenders. However, it is sad to note that from time to time, the message
M from the courts may not reach those potential offenders timely for various M
reasons.
N N
O 35. Mr Lam referred to para 19 of CIP Li’s statement. Mr Lam O
accepted that the Hong Kong Police have done much publicity work and
P P
the courts have dealt with similar cases sternly and enhanced the sentences
Q Q
from time to time.
R R
36. Nowadays, dissemination of information is fast and
S S
convenient but usually hand in hand with misinformation. Mr Huang and
T
quite a number of those “used” as stooges in similar situations were, to a T
2
U [there may be] U
V V
- 12 -
A A
B B
certain extent, victims of misinformation from those who were much more
C culpable but beyond the reach of the police. C
D D
37. If the court were minded to enhance the sentence, Mr Lam
E submitted that the court has to balance with the consideration that Mr E
Huang or those alike can only bring home the court’s message to others
F F
when they return after doing their time. It would, according to the
G submission, be counter-productive if these offenders are detained in Hong G
Kong longer than is necessary.
H H
I 38. The key mitigation is the timely guilty plea. The court is I
urged to allow Mr Huang to return home as soon as possible.
J J
K 39. Mr Lam submitted on behalf of Mr Huang one mitigation K
letter in Chinese written by Mr Huang himself. The contents generally are
L L
that Mr Huang is shameful for the consequences his crime has caused to
M his family. Mr Huang asked the court for an early return home. M
N N
40. Upon enquiry by the court, Mr Lam submitted that the
O purpose of opening the 3rd account was also to borrow a loan from that O
bank. However, it was submitted, no loan was ever taken out from any of
P P
the three banks. It was also submitted that Mr Huang received no rewards
Q Q
for all his labour under the offences.
R R
Sentence
S S
T
41. Money laundering is a serious offence. A deterrent sentence T
is always called for.
U U
V V
- 13 -
A A
B B
C 42. This case has the following features. Offences subject of C
Charges 1 and 2 spanned less than 2 weeks. The Charge 3 offence spanned
D D
less than one week. Charge 1 relates to just less than HK$1 million
E laundered; Charge 2 relates to about HK$2.6 million (original in USD) E
laundered; Charge 3 relates to about HK$2.1 million laundered. The
F F
number of transactions is not large. Offences subject of Charges 2 and 3
G have international dimension. G
H H
43. An aggravating feature of the offences is, according to what
I the prosecution told me about the TIC, Mr Huang must have come to Hong I
Kong specifically for the purpose of opening the three bank accounts.
J J
K 44. Although Mr Huang claimed to have received no reward for K
his labour, it is inconceivable that he would have allowed others to use his
L L
bank accounts without remuneration.
M M
45. There is no evidence that Mr Huang knew of the predicate
N N
offences of deception.
O O
46. Bearing all these matters in mind, and noting Wan Kwok
P P
Keung para 15, I am minded to adopt a global starting point of 4 years’
Q Q
imprisonment.
R R
47. Mr Huang pleaded guilty in good time, earning for himself the
S S
customary 1/3 sentencing discount. There are no other mitigating factors
T
of weight to justify another sentence reduction. T
U U
V V
- 14 -
A A
B B
48. Prosecution sought to furnish a witness statement of CIP Li
C Yiu Nam dated 11 November 2025 under section 27(2) of OSCO, Cap 455, C
with a view to requesting enhancement of sentence. Prosecution sought to
D D
show (a) the prevalence of money laundering offences; and (b) the nature
E and extent of any harm, whether direct or indirect, caused to the community E
by recent occurrences of money laundering offences.
F F
G 49. There being no objection to the reception of this statement, I G
duly received it for consideration.
H H
I 50. According to Table A on page 5 of the statement, the total I
number of local Deception cases (involving subsequent laundering of
J J
crime proceeds) and pure Money laundering cases has been on the rise
K since 2020 and the projected figure for the whole of 2025 would be 47,241 K
which is still huge in numbers.
L L
M 51. I am satisfied prevalence of money laundering offences is M
made out.
N N
O 52. According to Table B on pages 6 and 7 of the statement, the O
amount of reported losses in local Deception cases (involving subsequent
P P
laundering of crime proceeds) has been on a rising trend since 2022 and
Q Q
the projected amount for the whole of 2025 would be HK$2,176.76M
R
which is a huge number. R
S S
53. But amount lost is not the only harm to the community. In
T
para 18 of the statement, CIP laid out how the prevalence of using stooge T
U U
V V
- 15 -
A A
B B
accounts in money laundering activities could harm the community in
C various ways:- C
D D
(a) It interferes with the normal operation of the banking
E system, having a negative effect on the reputation of E
Hong Kong as a well-known international financial
F F
hub;
G G
(b) It forms multiple layers of “shield” concealing the
H H
identity of the masterminds behind, making it difficult,
I if not impossible, for police to identify the masterminds I
behind;
J J
K (c) It substantially facilitates the commission of crimes and K
in turn leads to more crimes being committed, as the
L L
mastermind could easily get away from their criminal
M liability; M
N N
(d) It makes money laundering easier, which allows
O culprits to make use of their ill-gotten gains to extend O
their sphere to engage in a wider range of illegal
P P
activities;
Q Q
R
(e) It means that law enforcement agencies have to put in R
more investigation efforts and resources; and
S S
T
(f) People with low income or less awareness of the T
consequences of selling their bank accounts are more
U U
V V
- 16 -
A A
B B
likely to be lured by the culprits to take the risks of
C commission of crimes to surrender their accounts for C
monetary reward.
D D
E 54. Also according to Table A, the total projected number for the E
whole of 2025 of stooges arrested in detected cases would still stand at
F F
5,538 despite a drop from 7,883 for the year 2024.
G G
55. Bringing all these considerations together, I am satisfied that
H H
the harm caused to the community by recent occurrences of money
I laundering offences is still substantial. I
J J
56. I am therefore satisfied that I am empowered by section
K 27(11) of OSCO, Cap 455, to enhance the sentence of Mr Huang. K
L L
57. As regards the extent of enhancement, I have borne in mind
M what was submitted on behalf of Mr Huang. In the circumstances, I deem M
a 20% enhancement appropriate. I will round down to the nearest month
N N
where there are decimal places after calculation.
O O
58. I will impose individual sentences after enhancement for the
P P
three charges and will apply the totality principle before arriving at the final
Q Q
enhanced sentence for Mr Huang.
R R
(Mr Huang, please stand)
S S
T
59. For Charge 1, the sentence is 19 months’ imprisonment. T
U U
V V
- 17 -
A A
B B
60. For Charge 2, the sentence is 33 months’ imprisonment.
C C
61. For Charge 3, the sentence is 28 months’ imprisonment.
D D
E 62. I order that 2 months of the sentence on Charge 1, and 3 E
months of the sentence on Charge 3, are each to run consecutively to the
F F
sentence on Charge 2, making an aggregate sentence for Mr Huang of 38
G months’ imprisonment. G
H H
I I
( Isaac Tam )
J District Judge 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 1418/2024
C [2025] HKDC 2010 C
D D
IN THE DISTRICT COURT OF THE
E HONG KONG SPECIAL ADMINISTRATIVE REGION E
CRIMINAL CASE NO 1418 OF 2024
F F
G ———————— G
HKSAR
H H
v
I HUANG ZHENHUA I
————————
J J
K Before: His Honour Judge Tam in Court K
Date: 25 November 2025
L L
Present: Ms Chit Noelle Aileen, Senior Public Prosecutor, for HKSAR
M Mr Lam Shun Chiu, Counsel instructed by Messrs Ho Kan M
Lawyers, assigned by DLA
N N
Offences: [1] - [3] 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. Mr Huang pleaded guilty before me to 3 charges of Dealing
C with property known or believed to represent proceeds of an indictable C
offence, contrary to section 25(1) and (3) of the Organized and Serious
D D
Crimes Ordinance, Cap 455.
E E
2. Particulars of the charges are that he, A, in Hong Kong,
F F
together with a person unknown, knowing or having reasonable grounds to
G believe that property namely a total sum of B in the bank account with C, G
account number D, in whole or in part directly or indirectly represented
H H
any person’s proceeds of an indictable offence, dealt with the said property.
I I
3. For Charge 1, A is on or about 3 June 2023; B is $950,799
J J
Hong Kong currency; C is China CITIC Bank International Limited; D is
K 018772111479900. K
L L
4. For Charge 2, A is between 9 and 12 June 2023, both dates
M inclusive; B is $332,680 United States currency; C is Standard Chartered M
Bank (Hong Kong) Limited; D is 320-8-905376-1.
N N
O 5. For Charge 3, A is between 4 and 7 March 2024, both dates O
inclusive; B is $2,134,317.15 Hong Kong currency; C is Industrial and
P P
Commercial Bank of China (Asia) Limited; D is 866-823-39731-0.
Q Q
R R
S S
T T
U U
V V
-3-
A A
B B
Facts admitted by Mr Huang
C C
Charge 1
D D
E 6. In May 2023, PW1 (aged 20) received phone call(s) from E
unknown persons posing as PRC PSB officers. PW1 was alleged to have
F F
committed crime in PRC and was instructed to deposit HK$319,999 into
G various bank accounts in Hong Kong, including the bank account specified G
under Charge 1 in the name of Mr Huang (“Charge 1 Account”) in order
H H
to prove her innocence. After PW1 realized it was a scam, she made a
I police report. I
J J
7. The Charge 1 Account was opened by Mr Huang at a Hong
K Kong branch office on 1 June 2023, with his PRC ID Card. Mr Huang was K
the sole signatory with on-line banking activated. On the opening mandate,
L L
it was stated that Mr Huang was a technician earning about HK$30,000
M monthly with a reported address in Gaozhou City, Guangdong Province. M
N N
8. Fund flow analysis of the Charge 1 Account showed
O repository pattern on 3 June 2023 as follows: O
P P
(a) 4 deposits totaling HK$950,799 from 2 persons
Q Q
including PW1;
R R
(b) 4 withdrawals totaling HK$949,301.81 to 4 different
S S
persons; and
T T
U U
V V
-4-
A A
B B
(c) The account became inactive afterwards leaving a
C balance of HK$1,498.14. C
D D
Charge 2
E E
9. In May 2023, a male informant residing in the United States
F F
fell prey to email scam and was instructed to deposit money into various
G bank accounts in Hong Kong including the bank account specified under G
Charge 2 in the name of Mr Huang (“Charge 2 Account”) for the purpose
H H
of fixing PayPal issues. After he realized it was a scam, a report was made
I to the Hong Kong Police. I
J J
10. The Charge 2 Account was opened by Mr Huang at a Hong
K Kong branch office on 30 May 2023, with a copy of his Exit-Entry Permit K
for Travelling to and from Hong Kong and Macao. Mr Huang was the sole
L L
signatory. He opted for e-statement. On the opening mandate, it was stated
M that Mr Huang was earning about HK$28,000 monthly with a reported M
residential address in Gaozhou City, Guangdong Province.
N N
O 11. The Charge 2 Account was a USD & HKD dual currency O
account. The informant deposited USD119,900 to the USD sub-account
P P
on 9 June 2023. The same was transferred to the HKD sub-account (being
Q Q
HK$936,047.31). The fund in the HKD sub-account was then transferred
R
out. The monies in the HKD sub-account originated from the USD sub- R
account.
S S
T
12. Fund flow analysis of the Charge 2 Account (USD sub- T
account) showed repository pattern from 9 to 12 June 2023 as follows:
U U
V V
-5-
A A
B B
(a) 3 deposits totaling USD332,680 (around HK$2.59
C million) from 2 entities including the informant; C
D D
(b) One withdrawal totaling USD119,900 to the HKD sub-
E account; and E
F F
(c) The USD sub-account became inactive afterwards
G leaving a balance of USD212,864.22 (Letter of no G
consent was issued).
H H
I Arrest and caution (Charges 1 & 2) I
J J
13. Mr Huang was and is a two-way permit holder. He was
K arrested when he arrived in Hong Kong via Lok Ma Chau on 2 May 2024. K
He stated in two cautioned VRIs on 3 May 2024 that:-
L L
M (a) He was educated up to secondary level and he co- M
owned a restaurant in Mainland;
N N
O (b) He lived alone in a rented unit with rental payment of a O
few hundred dollars;
P P
Q Q
(c) He had no assets in Hong Kong or Mainland;
R R
(d) He was declared bankrupt in around 2021 and was still
S S
owing debts of around a few hundred thousand dollars;
T T
(e) He repaid the debts monthly; and
U U
V V
-6-
A A
B B
C (f) He denied knowledge of transactions in the Charge 1 C
Account and the Charge 2 Account.
D D
E 14. Mr Huang now admits that, together with a person unknown, E
he committed the offences subject of Charges 1 and 2.
F F
G Charge 3 G
H H
15. In March 2024, a Singaporean woman fell prey to online
I scam. She followed instructions to deposit money into various bank I
accounts in Hong Kong, including the bank account specified under Charge
J J
3 in the name of Mr Huang (“Charge 3 Account”). After the scam was
K recognized, a report was made to the Hong Kong Police. K
L L
16. The Charge 3 Account was an integrated multi-currency
M account opened by Mr Huang at a Hong Kong branch office on 3 March M
2024 with his PRC ID Card and his two-way permit. Mr Huang was the
N N
sole signatory.
O O
17. Fund flow analysis of the Charge 3 Account showed
P P
repository pattern between 4 and 7 March 2024:-
Q Q
R
(a) 5 deposits totaling HK$2,134,317.15 via FPS transfer R
deposit (including a HK$10,000 cash deposit into the
S S
HKD savings sub-account on 4 March 2024; and the
T
deposit of SGD192,556 (around HK$1,124,317.15) T
from the informant on 7 March 2024, which was
U U
V V
-7-
A A
B B
transferred to the HKD current sub-account on the same
C day); C
D D
(b) 4 withdrawals totaling HK$1,210,000 via FPS transfer
E withdrawal; and E
F F
(c) The account became inactive afterwards leaving a
G balance of HK$924,367.15 (Letter of no consent was G
issued).
H H
I 18. Mr Huang was arrested on 28 August 2024 for Charge 3. I
Under caution, he admitted he had no reported income or landed property
J J
in Hong Kong.
K K
19. Mr Huang now admits that, together with a person unknown,
L L
he committed the offence subject of Charge 3.
M M
Criminal record
N N
O 20. Mr Huang has a clear record in Hong Kong. O
P P
Antecedents
Q Q
R
21. Mr Huang is aged 33 (30-31 at the time of the offences), R
educated to intermediate school in Mainland, unemployed in Hong Kong.
S S
Mr Huang was living with his parents, his children and his girlfriend, and
T
his own younger brother in Guangdong. T
U U
V V
-8-
A A
B B
Mitigation
C C
22. Mr Lam Shun Chiu of counsel assigned by the Director of
D D
Legal Aid mitigated on behalf of Mr Huang. The following is a summary
E of the mitigation submissions. E
F F
23. Mr Huang is a Mainland resident. He was living with his
G family in a village in Gaozhou Shi (City) of Guangdong Province. G
H H
24. Mr Huang was educated to F3 level. He is divorced with two
I children. I
J J
25. Mr Huang was living with his girlfriend who is working at a
K nursery. Mr Huang’s grandmother (80+) and his parents (60+) all depend K
on Mr Huang and his girlfriend.
L L
M 26. Mr Huang used to be a peasant but in early 2023, he became M
the owner of a barbecue shop in the local town.
N N
O 27. In early 2023, a friend suggested to him that he could go to O
Hong Kong and open bank accounts so that he might borrow money from
P P
the banks in Hong Kong for his business in future.
Q Q
R
28. He therefore followed his friend to Hong Kong where he R
opened two bank accounts with the assistance of his friend. Reposing
S S
misguided trust in his friend, Mr Huang allowed him to use and operate
T
these accounts at the same time failing to appreciate the risks and T
problematic nature of these transactions. Due to his ignorance and
U U
V V
-9-
A A
B B
simplemindedness, Mr Huang came to Hong Kong in March 2024 and
C opened another bank account. Similarly, he lent this account to his friend C
for use.
D D
E 29. There is no sentencing tariff for this type of case: HKSAR v E
Boma [2012] 2 HKLRD 33 at paras 24-27. The amount of money
F F
laundered is just one of the factors for consideration, not the sole factor nor
G the most important one. The factors for consideration are: G
H H
(a) The amount of money laundered;
I I
(b) The seriousness of the predicate offence which
J J
generated the crime proceeds;
K K
(c) Whether the offender participated in the predicate
L L
offence;
M M
(d) Whether the offender actually knew about that the
N N
proceeds were from the predicate offence or he just had
O reasonable grounds to believe that the properties were O
crime proceeds;
P P
Q Q
(e) Whether the offender was a beneficiary of the
R
laundering process or he was just a conduit; R
S S
(f) Whether the case involved an organized and
T
sophisticated scheme where the offender was the T
U U
V V
- 10 -
A A
B B
director of the laundering exercise; or he may be a
C lowly employee in the exercise; C
D D
(g) Whether the offence involved a single transaction or,
E on the other hand, many transactions over an extended E
period;
F F
G (h) Whether deceit to achieve the objective had been G
employed;
H H
I (i) Whether the case had an international element; and I
J J
(j) The list is not exhaustive; the sentencing judge has to
K engage his ‘feel’ for the case bringing to bear his K
sentencing experience bearing in mind at all times the
L L
mischief at which the legislation is directed.
M M
30. It was also pointed out in Boma that “persons down the chain
N N
there will be gradations of culpability” and persons with no more
O participation and no more knowledge than that it 1 is going to be used for O
some sort of crime is much less culpable than an offender of a different sort
P P
not “used” in this way (para 40(8)).
Q Q
R
31. It was submitted that Mr Huang was in fact at the lowest end R
of the gradations of culpability.
S S
T T
1
U ie the account U
V V
- 11 -
A A
B B
32. The amount of money dealt with no doubt has to be
C considered. In Secretary for Justice v Wan Kwok Keung [2012] 1 HKLRD C
201, the Court considered the knowledge of the nature of the predicate
D D
offence, the benefit to the respondent, the length of the period of the
E offence, the amount of money involved, and held that a starting point not E
lower than 4 years should be adopted.
F F
G 33. In the present case, it was submitted that the amount and the G
culpability is substantially lower than Wan Kwok Keung and therefore a
H H
starting point substantially lower than 4 years should be adopted.
I I
34. Regarding request for enhancement of sentence, it was
J J
submitted that the policy objective is to enable the courts to mete out
K additional punishment to offenders in view of prevalence or/and grave K
harm occasioned so that 2 greater deterrence to the potential future
L L
offenders. However, it is sad to note that from time to time, the message
M from the courts may not reach those potential offenders timely for various M
reasons.
N N
O 35. Mr Lam referred to para 19 of CIP Li’s statement. Mr Lam O
accepted that the Hong Kong Police have done much publicity work and
P P
the courts have dealt with similar cases sternly and enhanced the sentences
Q Q
from time to time.
R R
36. Nowadays, dissemination of information is fast and
S S
convenient but usually hand in hand with misinformation. Mr Huang and
T
quite a number of those “used” as stooges in similar situations were, to a T
2
U [there may be] U
V V
- 12 -
A A
B B
certain extent, victims of misinformation from those who were much more
C culpable but beyond the reach of the police. C
D D
37. If the court were minded to enhance the sentence, Mr Lam
E submitted that the court has to balance with the consideration that Mr E
Huang or those alike can only bring home the court’s message to others
F F
when they return after doing their time. It would, according to the
G submission, be counter-productive if these offenders are detained in Hong G
Kong longer than is necessary.
H H
I 38. The key mitigation is the timely guilty plea. The court is I
urged to allow Mr Huang to return home as soon as possible.
J J
K 39. Mr Lam submitted on behalf of Mr Huang one mitigation K
letter in Chinese written by Mr Huang himself. The contents generally are
L L
that Mr Huang is shameful for the consequences his crime has caused to
M his family. Mr Huang asked the court for an early return home. M
N N
40. Upon enquiry by the court, Mr Lam submitted that the
O purpose of opening the 3rd account was also to borrow a loan from that O
bank. However, it was submitted, no loan was ever taken out from any of
P P
the three banks. It was also submitted that Mr Huang received no rewards
Q Q
for all his labour under the offences.
R R
Sentence
S S
T
41. Money laundering is a serious offence. A deterrent sentence T
is always called for.
U U
V V
- 13 -
A A
B B
C 42. This case has the following features. Offences subject of C
Charges 1 and 2 spanned less than 2 weeks. The Charge 3 offence spanned
D D
less than one week. Charge 1 relates to just less than HK$1 million
E laundered; Charge 2 relates to about HK$2.6 million (original in USD) E
laundered; Charge 3 relates to about HK$2.1 million laundered. The
F F
number of transactions is not large. Offences subject of Charges 2 and 3
G have international dimension. G
H H
43. An aggravating feature of the offences is, according to what
I the prosecution told me about the TIC, Mr Huang must have come to Hong I
Kong specifically for the purpose of opening the three bank accounts.
J J
K 44. Although Mr Huang claimed to have received no reward for K
his labour, it is inconceivable that he would have allowed others to use his
L L
bank accounts without remuneration.
M M
45. There is no evidence that Mr Huang knew of the predicate
N N
offences of deception.
O O
46. Bearing all these matters in mind, and noting Wan Kwok
P P
Keung para 15, I am minded to adopt a global starting point of 4 years’
Q Q
imprisonment.
R R
47. Mr Huang pleaded guilty in good time, earning for himself the
S S
customary 1/3 sentencing discount. There are no other mitigating factors
T
of weight to justify another sentence reduction. T
U U
V V
- 14 -
A A
B B
48. Prosecution sought to furnish a witness statement of CIP Li
C Yiu Nam dated 11 November 2025 under section 27(2) of OSCO, Cap 455, C
with a view to requesting enhancement of sentence. Prosecution sought to
D D
show (a) the prevalence of money laundering offences; and (b) the nature
E and extent of any harm, whether direct or indirect, caused to the community E
by recent occurrences of money laundering offences.
F F
G 49. There being no objection to the reception of this statement, I G
duly received it for consideration.
H H
I 50. According to Table A on page 5 of the statement, the total I
number of local Deception cases (involving subsequent laundering of
J J
crime proceeds) and pure Money laundering cases has been on the rise
K since 2020 and the projected figure for the whole of 2025 would be 47,241 K
which is still huge in numbers.
L L
M 51. I am satisfied prevalence of money laundering offences is M
made out.
N N
O 52. According to Table B on pages 6 and 7 of the statement, the O
amount of reported losses in local Deception cases (involving subsequent
P P
laundering of crime proceeds) has been on a rising trend since 2022 and
Q Q
the projected amount for the whole of 2025 would be HK$2,176.76M
R
which is a huge number. R
S S
53. But amount lost is not the only harm to the community. In
T
para 18 of the statement, CIP laid out how the prevalence of using stooge T
U U
V V
- 15 -
A A
B B
accounts in money laundering activities could harm the community in
C various ways:- C
D D
(a) It interferes with the normal operation of the banking
E system, having a negative effect on the reputation of E
Hong Kong as a well-known international financial
F F
hub;
G G
(b) It forms multiple layers of “shield” concealing the
H H
identity of the masterminds behind, making it difficult,
I if not impossible, for police to identify the masterminds I
behind;
J J
K (c) It substantially facilitates the commission of crimes and K
in turn leads to more crimes being committed, as the
L L
mastermind could easily get away from their criminal
M liability; M
N N
(d) It makes money laundering easier, which allows
O culprits to make use of their ill-gotten gains to extend O
their sphere to engage in a wider range of illegal
P P
activities;
Q Q
R
(e) It means that law enforcement agencies have to put in R
more investigation efforts and resources; and
S S
T
(f) People with low income or less awareness of the T
consequences of selling their bank accounts are more
U U
V V
- 16 -
A A
B B
likely to be lured by the culprits to take the risks of
C commission of crimes to surrender their accounts for C
monetary reward.
D D
E 54. Also according to Table A, the total projected number for the E
whole of 2025 of stooges arrested in detected cases would still stand at
F F
5,538 despite a drop from 7,883 for the year 2024.
G G
55. Bringing all these considerations together, I am satisfied that
H H
the harm caused to the community by recent occurrences of money
I laundering offences is still substantial. I
J J
56. I am therefore satisfied that I am empowered by section
K 27(11) of OSCO, Cap 455, to enhance the sentence of Mr Huang. K
L L
57. As regards the extent of enhancement, I have borne in mind
M what was submitted on behalf of Mr Huang. In the circumstances, I deem M
a 20% enhancement appropriate. I will round down to the nearest month
N N
where there are decimal places after calculation.
O O
58. I will impose individual sentences after enhancement for the
P P
three charges and will apply the totality principle before arriving at the final
Q Q
enhanced sentence for Mr Huang.
R R
(Mr Huang, please stand)
S S
T
59. For Charge 1, the sentence is 19 months’ imprisonment. T
U U
V V
- 17 -
A A
B B
60. For Charge 2, the sentence is 33 months’ imprisonment.
C C
61. For Charge 3, the sentence is 28 months’ imprisonment.
D D
E 62. I order that 2 months of the sentence on Charge 1, and 3 E
months of the sentence on Charge 3, are each to run consecutively to the
F F
sentence on Charge 2, making an aggregate sentence for Mr Huang of 38
G months’ imprisonment. G
H H
I I
( Isaac Tam )
J District Judge 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