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hold a leadership position nor wield significant political influence or backing. He stopped his election campaign after he lost in the Primary Election on 12 July 2020.
148. Counsel submitted that D18 fell into Band 3 (“other participant”) or at most the lower end of Band 2 (“active participant”). Counsel submitted that given the limited role played by D18, he should be given a sentence at the lower end of the sentencing scale.
149. We received mitigation letters from D18’s mother and people who came to know D18 in church activities, friends and classmates, voluntary community workers. They all asked for a lenient sentence be passed.
150. In our judgment, the role of D18 in the Scheme was that of an active participant. He agreed that if he were successfully elected into the LegCo, he would veto the Budgets indiscriminately with others in pursuant to the Scheme.
151. Based on the role of D18 in the Scheme, 7 years (84 months) would be adopted as the starting point.
152. Given the guilty plea of D18, a full one-third discount would be given. We gave a further reduction of 3 months for his ignorance of the law.
153. In conclusion, for the offence D18 stands convicted, he is sentenced to 4 years and 5 months’ (53 months) imprisonment.
