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served as a District Councillor had been produced. They all spoke favourably for D12 and asked for a lenient sentence be passed.
111. D12 agreed that if he were successfully elected into the LegCo, he would veto the Budgets indiscriminately with others in pursuant to the Scheme. Based on the role of D12 in the Scheme, we adopted a starting point of 7 years’ imprisonment (84 months).
112. Given the guilty plea of D12, a full one-third discount would be given. We further gave 3 months reduction for D12’s ignorance of the law and 2 months reduction for his past public service as a District Councillor.
113. In conclusion, for the offence D12 stands convicted, he is sentenced to 4 years and 3 months’ (51 months) imprisonment.
D13 Mo Man-Ching Claudia
114. D13 is now aged 67, married and a mother to two sons. She was a serving LegCo Member at the material time. She has a clear criminal record.
115. Mr. Albert Wong, counsel for D13, submitted that D13 should not be considered as a principal offender or a fully committed active participant and that she committed the present offence out of ignorance of the law.
116. Mr. Wong submitted that D13 had been in custody for almost 2 years which limited her time with her husband whose health had been declining. Mitigation letters from D13, her husband, former