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was the mastermind behind, hence could well be placed in the “principle offender” category.
42. D1 might not be the one standing in the Primary Election or the actual LegCo election, he however provided the necessary platform for those who intended to exercise the vetoing power under the Scheme. In order to succeed, D1 agreed with D5 in staging the “Say No to Primary Dodgers” campaign.
43. D1 did not cease his involvement after the Primary Election. When D2 withdrew from the Scheme, D1 simply told D2 that he needed a break.
44. In determining D1’s culpability, we took into account facts and circumstances prior to 1 July 2020 as the backdrop only in coming to the assessment of D1’s criminality.
45. We took note of the penalty band. We also noted the minimum sentence for a principal offender would be one of 10 years imprisonment and that the maximum would be life imprisonment. As to his past contribution, we had no doubt that that had been taken into account in his previous criminal proceedings.
46. After a careful consideration of D1’s role, we were of the view that a notional starting point of 15 years imprisonment would be appropriate in his case. The only mitigation in D1’s case was his early plea of guilty. To that, the customarily one-third discount would be given.
47. For the sole offence D1 stands convicted, he is sentenced to 10 years’ (120 months) imprisonment.
