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see that only those who joined and won in the Primary Election would take part in the coming LegCo election. This was exemplified by the fact that he placed a full-page advertisement in Apple Daily on 3 July 2020 urging candidates who lost in the Primary Election not to participate in the LegCo election and asking people not to vote for anyone who had not participated in the Primary Election.
75. Bearing in mind D5’s role in the Scheme, we are of the view that he was an “active participant”. In our assessment, the appropriate starting point for D5 is 7 years and 6 months (90 months) imprisonment. In so doing, we have already taken into account, among other things, that D5 was not after any personal gain and that the Scheme did not involve any use of violence.
76. Turning to mitigation, having fully considered the submission of Mr Shek, we grant him a 3 months reduction for the possibility that D5 might have been misled by D1 and acted in the mistaken belief as to the lawfulness of the Scheme.
77. We have considered in full the materials contained in D5’s mitigation bundle including the letters written by D5 himself, his family members and friends. However, apart from ignorance of the law, we are unable to see any factors which may reduce D5’s sentence. Therefore, D5 is sentenced to 7 years and 3 months’ (87 months) imprisonment.
Candidates for Hong Kong Island
78. D6 Yuen Ka-Wai, D7 Leung Fong-Wai Fergus and D9 Chui Chi-kin pleaded guilty at committal, whereas D8 Cheng Tat-hung, D10
