區域法院（刑事）Deputy District Judge C H Li27/11/2025[2025] HKDC 2030
DCCC1309/2024
A A
B B
DCCC 1309/2024
C [2025] HKDC 2030 C
D D
IN THE DISTRICT COURT OF THE
E HONG KONG SPECIAL ADMINISTRATIVE REGION E
CRIMINAL CASE NO 1309 OF 2024
F F
---------------------------
G G
HKSAR
H v H
CHEN ZIHAO
I I
----------------------------
J J
Before: Deputy District Judge C H Li
K K
Date: 28 November 2025
L Present: Ms Karen LI, Public Prosecutor of the Department of Justice, L
for HKSAR
M M
Mr Lai Tsz Kin, Jacky, instructed by Cedric & Co, assigned
N N
by the Director of Legal Aid, for the Defendant
O
Offence: [1] Conspiracy to defraud（串謀詐騙） O
P P
--------------------------------------
Q REASONS FOR SENTENCE Q
---------------------------------------
R R
S S
1. The Defendant has pleaded guilty to a single charge of
T
conspiracy to defraud. T
U U
V V
-2-
A A
B B
The summary of facts
C C
2. Madam Lau, aged 87 (“PW1”), lived with her domestic helper
D D
(“PW2”) in a flat in North Point (“the Flat”). She received a call on 26th
E March 2024 from a male (“Male 1”) pretending to be her grandson and E
they spoke over the phone.
F F
G 3. The next day, at about 10:00 am, PW1 received a call again G
from Male 1 who claimed that he had been arrested by the police and
H H
needed HK$150,000 as bail money. Male 1 said he would arrange his
I friend Lau Tung to go to collect the money. PW1 then informed Male 1 her I
residential address.
J J
K 4. Around 10:30 am on the same day, defendant arrived at the K
flat and claimed to be PW1’s grandson and said some documents required
L L
PW1’s signature. PW2 opened the door and the defendant collected
M HK$150,000 from PW1 and then left. During the incident, PW2 took M
photos of the defendant with her mobile phone.
N N
O 5. PW1 realized it was a scam after discussing with her family, O
case was reported.
P P
Q 6. The police arrested the defendant on 6th June, 2024. Q
R R
7. In his record of interview, the defendant stated:
S S
T T
U U
V V
-3-
A A
B B
(a) On 26 March 2024, defendant’s friend referred him to
C a job for earning quick cash by collecting proceeds of C
fraud, with a payment of HK$1,000, to which he agreed.
D D
An unknown person then contacted the defendant on
E WhatsApp (“Male 2”) and briefed him about the E
arrangement for collection of money. The defendant
F F
had deleted all their messages;
G G
(b) At around 9:30 am on 27 March 2024, as instructed by
H H
Male 2, the defendant and his friend went to Mong Kok
I to collect an iPhone and a HK$500 transportation fee I
from an unknown male;
J J
(c) Around 11 am, the defendant received a call from the
K K
iPhone, in which Male 2 instructed him to collect
L money at North Point. He then went to North Point by L
taxi. There, Male 2 told him over the phone that he was
M M
tasked to collect HK$150,000 and needed to
N
impersonate a person’s name; N
O O
(d) He went up to the 15th Floor of the building alone.
P Upon arrival at the Flat, he introduced himself using a P
name that he could no longer recall. PW1 then handed
Q Q
over a bag containing HK$150,000 to him;
R R
(e) After collecting the money, the defendant and his friend
S went to Central Pier by taxi as instructed. The S
T T
U U
V V
-4-
A A
B B
defendant handed the money to an unknown male
C inside a toilet; C
D (f) He later received HK$2,000 as remuneration, out of D
which he gave HK$500 to his friend; and
E E
(g) He identified himself in the CCTV footage captures.
F F
G G
Mitigation and sentence
H H
8. The defendant is now 19 years of age, he came to Hong Kong
I I
from the Mainland when he was 10. He used to live with his parents, but
J at present they are divorcing and he now lives with his father. He works J
as a plumber earning HK$11,000 a month. He has a clear record.
K K
L 9. Counsel stressed that the defendant had fully cooperated with L
the police and made frank and full confession.
M M
N 10. The defendant admits he was being extremely foolish as he N
was enticed by a reward of HK$1,500 and agreed to collect HK$150,000
O O
from an old lady knowing full well that it was a classic deception case.
P Counsel submits that the defendant is extremely remorseful, despite his P
limited financial resources, he is willing to offer HK$10,000 as
Q Q
compensation to the old lady, the sum that he can offer is only a fraction
R of the money deceived, but that is all the saving that he has. R
S S
11. The prosecution has applied enhancement of the sentence
T under the Organized and Serious Crimes Ordinance. The defence has no T
U U
V V
-5-
A A
B B
objection to the application, and having perused the statement prepared by
C Chief Inspector Cheng setting out the statistics concerning telephone C
deception cases and the accumulated monetary loss, I am satisfied the
D D
prosecution has proved to the requisite standard and enhancement of the
E sentence is justified. E
F F
12. Before passing sentence, given the young age of the
G defendant, imprisonment should be the last resort. Having considered the G
seriousness of the offence, I therefore called for a Detention Center report
H H
and a Training Center report.
I I
13. Both Detention Center and Training Center were not
J J
recommended, as it appeared the defendant had been abusing drugs. As I
K had indicated, prison sentence should be the last resort since the defendant K
is still under the age of 21, therefore, I further called for a DATC report
L L
before sentencing.
M M
14. Unsurprisingly, the medical officer is of the opinion that the
N N
defendant is a drug addict and is suitable for admission.
O O
15. I have not overlooked the fact that the current offence is of a
P P
very serious nature. For adult offenders, they are looking at prison sentence
Q in terms of years and an enhancement that follows. Q
R R
16. Having said that, on the one hand, would DATC be a sentence
S that is far too inadequate to reflect the gravity of the offence? On the other S
T T
U U
V V
-6-
A A
B B
hand, I have to bear in mind the element of rehabilitation of a young
C offender. C
D D
17. The defendant is a young boy with a clear record, it is
E important to bring him back to the right track as he still has years ahead of E
his life, is it worth by giving him a chance to rehabilitate himself rather
F F
than sending him straight away to prison?
G G
18. I am certain he is remorseful as indicated by his plea of guilty
H H
and the compensation that has been paid into court, though only a small
I amount. Fortunately, the amount involved in this case is relatively not large I
compared to other deception cases. Taking all factors into account, in
J J
particular, his young age and his clear record, I am satisfied DATC is a
K suitable sentence. And I so order and conviction is recorded. Lastly, a K
compensation order in the sum of HK$10,000 be paid to the victim out of
L L
the money already paid into court by the defendant.
M M
N N
O O
P P
( C H Li )
Q Deputy District Judge Q
R R
S S
T T
U U
V V
A A
B B
DCCC 1309/2024
C [2025] HKDC 2030 C
D D
IN THE DISTRICT COURT OF THE
E HONG KONG SPECIAL ADMINISTRATIVE REGION E
CRIMINAL CASE NO 1309 OF 2024
F F
---------------------------
G G
HKSAR
H v H
CHEN ZIHAO
I I
----------------------------
J J
Before: Deputy District Judge C H Li
K K
Date: 28 November 2025
L Present: Ms Karen LI, Public Prosecutor of the Department of Justice, L
for HKSAR
M M
Mr Lai Tsz Kin, Jacky, instructed by Cedric & Co, assigned
N N
by the Director of Legal Aid, for the Defendant
O
Offence: [1] Conspiracy to defraud（串謀詐騙） O
P P
--------------------------------------
Q REASONS FOR SENTENCE Q
---------------------------------------
R R
S S
1. The Defendant has pleaded guilty to a single charge of
T
conspiracy to defraud. T
U U
V V
-2-
A A
B B
The summary of facts
C C
2. Madam Lau, aged 87 (“PW1”), lived with her domestic helper
D D
(“PW2”) in a flat in North Point (“the Flat”). She received a call on 26th
E March 2024 from a male (“Male 1”) pretending to be her grandson and E
they spoke over the phone.
F F
G 3. The next day, at about 10:00 am, PW1 received a call again G
from Male 1 who claimed that he had been arrested by the police and
H H
needed HK$150,000 as bail money. Male 1 said he would arrange his
I friend Lau Tung to go to collect the money. PW1 then informed Male 1 her I
residential address.
J J
K 4. Around 10:30 am on the same day, defendant arrived at the K
flat and claimed to be PW1’s grandson and said some documents required
L L
PW1’s signature. PW2 opened the door and the defendant collected
M HK$150,000 from PW1 and then left. During the incident, PW2 took M
photos of the defendant with her mobile phone.
N N
O 5. PW1 realized it was a scam after discussing with her family, O
case was reported.
P P
Q 6. The police arrested the defendant on 6th June, 2024. Q
R R
7. In his record of interview, the defendant stated:
S S
T T
U U
V V
-3-
A A
B B
(a) On 26 March 2024, defendant’s friend referred him to
C a job for earning quick cash by collecting proceeds of C
fraud, with a payment of HK$1,000, to which he agreed.
D D
An unknown person then contacted the defendant on
E WhatsApp (“Male 2”) and briefed him about the E
arrangement for collection of money. The defendant
F F
had deleted all their messages;
G G
(b) At around 9:30 am on 27 March 2024, as instructed by
H H
Male 2, the defendant and his friend went to Mong Kok
I to collect an iPhone and a HK$500 transportation fee I
from an unknown male;
J J
(c) Around 11 am, the defendant received a call from the
K K
iPhone, in which Male 2 instructed him to collect
L money at North Point. He then went to North Point by L
taxi. There, Male 2 told him over the phone that he was
M M
tasked to collect HK$150,000 and needed to
N
impersonate a person’s name; N
O O
(d) He went up to the 15th Floor of the building alone.
P Upon arrival at the Flat, he introduced himself using a P
name that he could no longer recall. PW1 then handed
Q Q
over a bag containing HK$150,000 to him;
R R
(e) After collecting the money, the defendant and his friend
S went to Central Pier by taxi as instructed. The S
T T
U U
V V
-4-
A A
B B
defendant handed the money to an unknown male
C inside a toilet; C
D (f) He later received HK$2,000 as remuneration, out of D
which he gave HK$500 to his friend; and
E E
(g) He identified himself in the CCTV footage captures.
F F
G G
Mitigation and sentence
H H
8. The defendant is now 19 years of age, he came to Hong Kong
I I
from the Mainland when he was 10. He used to live with his parents, but
J at present they are divorcing and he now lives with his father. He works J
as a plumber earning HK$11,000 a month. He has a clear record.
K K
L 9. Counsel stressed that the defendant had fully cooperated with L
the police and made frank and full confession.
M M
N 10. The defendant admits he was being extremely foolish as he N
was enticed by a reward of HK$1,500 and agreed to collect HK$150,000
O O
from an old lady knowing full well that it was a classic deception case.
P Counsel submits that the defendant is extremely remorseful, despite his P
limited financial resources, he is willing to offer HK$10,000 as
Q Q
compensation to the old lady, the sum that he can offer is only a fraction
R of the money deceived, but that is all the saving that he has. R
S S
11. The prosecution has applied enhancement of the sentence
T under the Organized and Serious Crimes Ordinance. The defence has no T
U U
V V
-5-
A A
B B
objection to the application, and having perused the statement prepared by
C Chief Inspector Cheng setting out the statistics concerning telephone C
deception cases and the accumulated monetary loss, I am satisfied the
D D
prosecution has proved to the requisite standard and enhancement of the
E sentence is justified. E
F F
12. Before passing sentence, given the young age of the
G defendant, imprisonment should be the last resort. Having considered the G
seriousness of the offence, I therefore called for a Detention Center report
H H
and a Training Center report.
I I
13. Both Detention Center and Training Center were not
J J
recommended, as it appeared the defendant had been abusing drugs. As I
K had indicated, prison sentence should be the last resort since the defendant K
is still under the age of 21, therefore, I further called for a DATC report
L L
before sentencing.
M M
14. Unsurprisingly, the medical officer is of the opinion that the
N N
defendant is a drug addict and is suitable for admission.
O O
15. I have not overlooked the fact that the current offence is of a
P P
very serious nature. For adult offenders, they are looking at prison sentence
Q in terms of years and an enhancement that follows. Q
R R
16. Having said that, on the one hand, would DATC be a sentence
S that is far too inadequate to reflect the gravity of the offence? On the other S
T T
U U
V V
-6-
A A
B B
hand, I have to bear in mind the element of rehabilitation of a young
C offender. C
D D
17. The defendant is a young boy with a clear record, it is
E important to bring him back to the right track as he still has years ahead of E
his life, is it worth by giving him a chance to rehabilitate himself rather
F F
than sending him straight away to prison?
G G
18. I am certain he is remorseful as indicated by his plea of guilty
H H
and the compensation that has been paid into court, though only a small
I amount. Fortunately, the amount involved in this case is relatively not large I
compared to other deception cases. Taking all factors into account, in
J J
particular, his young age and his clear record, I am satisfied DATC is a
K suitable sentence. And I so order and conviction is recorded. Lastly, a K
compensation order in the sum of HK$10,000 be paid to the victim out of
L L
the money already paid into court by the defendant.
M M
N N
O O
P P
( C H Li )
Q Deputy District Judge Q
R R
S S
T T
U U
V V