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159. Given the criminal records of D19, we did not consider him to be a person of good character.
160. We considered the chronology of D19’s convictions in WKCC 2289/2020, ESCC 2097/2020, DCCC 876,885,890 & 892/2020 and HCMP 585/2020. In our judgment, these matters had no direct relationship to the present case. It should be noted that D19 committed the present offence while he was on court bail. We did not think we should give further reduction because D19 could not have all the offences sentenced in the same proceedings. The sentence we passed on D19 also would not have a crushing effect on him.
161. In conclusion, for the offence D19 stands convicted, he is sentenced to 4 years and 8 months’ (56 months) imprisonment.
D20 Tam Man-ho Jeremy Jansen
162. D20 is now aged 49. He was a serving LegCo member at the time of the offence. He has a clear criminal record.
163. Mr. Ambrose Ho, S.C., together with Mr. Kevin Leung, counsel for D20, submitted that D20 was not a principal offender or a person who had committed an offence of a grave nature. Counsel submitted that upon consideration of D20’s involvement in the Scheme, even when taken at its highest, he fell within the middle band for “active participant” in the Scheme.
164. We received an affirmation from the former assistant of D20 with attachments, copy of WhatsApp screenshots of D20’s chat with Wallace Lau. The attachments and screenshots served as proofs that D20
