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Yeung Suet-ying Clarisse and D11 Pang Cheuk-kei were convicted after trial.
79. At the material time, D6-D11 were candidates for the Hong Kong Island Constituency in the Primary Election. D7 was one of the drafters of the IWR Declaration which was personally endorsed by D6, D10 and D11. In the case of D8, the IWR Declaration was endorsed by the Civic Party collectively. D9 was the only one in this group who had not endorsed the IWR Declaration;
80. D7-D11 attended coordination meetings of Hong Kong Island either personally or by a representative. D6-D11 attended the election forum on 27 June 2020; and D6 and D7 also attended the press conference of the localist resistance camp held on 15 July 2020.
81. We are fully alive that the defendants are to be sentenced only for their conduct during the charge period which started on 1 July 2020. Nevertheless, as discussed above, their respective activities prior to 1 July 2020 provide the context for us to access their respective roles in the Scheme. We have no doubt that the candidates were essential characters of the Scheme, as without them the Scheme simply could not get off the ground.
82. Having considered all the cases of the defendants in this group individually, we are of the view that all of them were “active participants” of the offence. For D6, D8, D9, D10 and D11, based on their respective roles in the Scheme, we adopt 7 years (84 months) imprisonment as the starting point. For D7, his starting point is 8 years (96 months) imprisonment because of his more proactive role in relation
