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Candidates for Kowloon West
D12 Sham Tsz-kit
106. D12 is now aged 37, married. He was a serving District Councillor of Sha Tin District and one of the vice-chairmen of the League of Social Democrats at the time of the offence. He has a spent criminal record.
107. Mr. Douglas Kwok, counsel for D12, submitted that D12 ought not to be identified as an active participant. Mr. Kwok submitted that D12 should properly be regarded as a normal participant to the Scheme. Mr. Kwok submitted that the time that D12 spent in remand (more than 3 years 4 months/40 months) might be regarded as having served a notional sentence of 5 years if remission were granted. Mr. Kwok submitted that as a result of the enactment of the Safeguarding National Security Ordinance (SNSO) and the amendment to rule 69(1) of the Prison Rules, D12 would not be granted remission by the Commissioner.
108. We took into consideration the role played by D12 as revealed in the Summary of Facts. In our judgment, the Summary of Facts revealed that D12 was an active participant in the Scheme.
109. We took the view that whether D12 would be granted remission was a matter for the Commissioner, not a matter to be taken into consideration by the sentencing court.
110. Mitigation letters from D12, the cohabiting partner of D12, D2, the spokesperson of Rainbow Action and residents who D12 had
