Ag Principal Magistrate Karen Leung sentenced a 30-year-old defendant to 12 months’ imprisonment suspended for 2 years after he pleaded guilty to handling HK$ 1.4 million proceeds of crime.

In December 2018, PW reported to the police that he had been intimidated by loan sharks after failing to repay his loan. PW revealed that he received a cold call and asked whether he wanted to borrow some money. After indicating that he wanted to take out a loan, the loan sharks then requested that he provide his address, HKID, and the names of his parents to obtain the loan. He was given a designated account to repay the loan. Police investigation revealed that the Defendant was the account holder of the designated account. Upon arrest, the Defendant said under the video-recorded interview that he received a cold call and was asked if he wanted to borrow some money. Like PW, he indicated he wanted to take out a loan and was asked to provide personal particulars. He was further asked to start an account and pledge his ATM card with the password of the same to the loan shark. He cancelled the account after he received bank statements showing suspicious transactions as he was afraid. The Defendant was put on police bail for around 6 months and, thereafter, unconditionally discharged. After around 6 years, he was called by the police, re-arrested, and charged in 2025. The Defendant pleaded guilty.

After obtaining a background report from the Defendant, and hearing full submissions from both the prosecution and the defence, the Magistrate agreed with the defence submissions that there were exceptional circumstances in the present case. Not only were the facts different from classic money laundering cases, but there were also delay in the prosecution. The Defendant also had a legitimate expectation when he was released that the matter was over. Throughout the years, the Defendant had a clear record. The Defendant’s financial condition also improved and the chance of re-offending was slim. The Defendant also had established a career and was prepared to enter into matrimony. The Court agreed that rehabilitation should be a weighty factor in sentencing the Defendant. Whilst agreeing that money laundering cases usually attract an immediate custodial sentence, the Court was persuaded by authorities and defence submissions that the custodial sentence should be suspended in this case.

Simon So appeared with Herman Ho for the Defendant for plea and mitigation.