- 38 -
D15 Fung Tat-chun Frankie
130. D15 is now aged 29. He was a lifestyle magazine editor and sales and marketing consultant. He has a clear criminal record.
131. On the role played by D15, Mr. Nigel Kat SC together with Ms. Yvonne Leung, counsel for D15, submitted:
“13. Others with greater prominence, activity or participation in the agreement and its overt acts than Mr. Fung include the prime mover or ‘brains’ behind the Scheme (say, level 1); organisers and facilitators (levels 2 and 3); the leaders of organised parties, groups and associations, who would have been expected to lead others (level 4); then other active participants (level 5). Mr. Fung was a “level 5” participant, considering his absolute lack of political influence.”
132. Counsel for D15 submitted that a sentence between 4 and 5 years’ imprisonment would enable D15 to be released immediately or very shortly, so that he could start afresh in his newly married life.
133. We received mitigation letters from D15, his mother, professors and lecturers at HKBU, the headmaster and teachers of D15’s former school, friends and D15’s tutor in his childhood. They all asked for a lenient sentence be passed.
134. In D15’s own mitigation letter, he apologised for his misdeeds and said he did not wish to return to politics. He only wished to reunite with his family and lived a new life with his newly wedded wife.
135. We took into consideration the role played by D15 as revealed in the Summary of Facts. In our judgment, the Summary of
