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Before: Hon Andrew Chan J, Hon Alex Lee J and Hon Johnny Chan J in Court
Dates of Hearing: 25 June 2024, 26 June 2024, 2 July 2024, 3 July 2024, 5 July 2024, 8 July 2024, 10 July 2024, 11 July 2024, 27 August 2024, 28 August 2024, 2 September 2024, 3 September 2024
Date of Reasons for Sentence[1]: 19 November 2024
REASONS FOR SENTENCE
1. A number of legal issues were raised during the course of the mitigation hearing, they were summarised as follows:
The Applicability of the Penalty Bands under NSL 22
2. Challenge was made by a number of defendants to the applicability of the penalty band as prescribed in NSL 22. It was submitted by all defendants that as they were convicted of the offence of Conspiracy to Commit Subversion contrary to NSL 22(3), section 159A and 159C of the Crimes Ordinance, the penalty band had no application. It was because the offence of conspiracy was different from the substantive offence as the actus reus and mens rea for each were different. In the case of conspiracy, the agreed course of conduct might never be carried out, yet the offence of conspiracy had been committed once the agreement was made. A conspiratorial agreement to commit any offence
- ↑ This Reasons for Sentence was written by the above three, each contributed to different parts. Despite the difference in styles and formats, we unanimously agreed to the contents and the outcome of all the decisions. This Reasons for Sentence should also be read in conjunction with our Reasons for Verdict.
