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February 2021. He has two previous convictions, one of incitement to knowingly take part in an unauthorised assembly and one of holding/assisting in holding / organising an unauthorised assembly, for both of which he was sentenced to a concurrent term of 6 months’ imprisonment on 16 October 2021.
95. Mr Albert Wong, with his customary pragmatism, has said all that could be said on behalf of D9 in mitigation. We have also considered the mitigating letters from the community he served, colleagues, family and friends. We grant D9 a one-third discount (of 28 months) for his timely plea; 3 months for his possible mistake as to the lawfulness of the Scheme; and 3 months for his relatively longer public service as a District Councillor.
96. Apart from the above, in our view there are no mitigating factors which may reduce his sentence. In particular, regarding his health condition, we are told that he is suffering from a bone spur, chronic pancreatitis, diabetes and eczema. However, there is nothing to suggest that he cannot receive adequate and proper medical attention and treatment in prison. We are not satisfied that his health condition is of such an exceptional nature or degree as to merit any reduction in sentence.
97. We have not neglected D9’s two previous sentences passed on 16 October 2021 in relation to an unauthorized assembly. However, having stepped far back and considered the matter in the round, we decide that no adjustments should be made to the present sentence.
98. Therefore, D9 is sentenced to 4 years and 2 months’ (50 months) imprisonment.
