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86. As regards D6’s previous sentence passed on 6 May 2021, we take the view that it related to a separate and distinct offence from the present one. Having stepped far back and considered the issue of totality in the round, we do not consider it appropriate to make any upward or downward adjustments of her present sentence.
87. Therefore, D6 is sentenced to 4 years and 3 months’ (51 months) imprisonment.
D7 Leung Fong-wai Fergus
88. D7 is now aged 27. He was a university student studying Biomedical Sciences. In 2019, he ran for the District Council election and served as a member of the Central and Western District Council in the following year. He has a clear record.
89. We trust that Mr Pang SC has said all that can be said on D7’s behalf. We have taken into account the mitigating letters written by him, his family members, schoolmates, friends, teachers and a former colleague. We grant him a one-third discount (32 months) for his timely plea; a 3-month deduction for his possible mistake as to the lawfulness of the Scheme; and another 2-month deduction for his public service as a District Council member. We do not see any other mitigating factors which may further reduce his sentence.
90. Therefore, D7 is sentenced to 4 years and 11 months’ (59 months) imprisonment.
