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172. Mr. Edward Chan, counsel for D21, submitted that D21 was not a principal offender or a person who had committed an offence of a grave nature. Mr. Chan submitted that the penalty band of “active participant” should be applied to D21’s case.
173. We received mitigation letters from D21, his fiancé, family members and many others. They all asked for a lenient sentence be passed.
174. In D21’s own mitigation letter, he expressed remorse for his misdeeds and his determination to reform.
175. In our judgment, the role of D21 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.
176. Based on the role of D21 in the Scheme, 7 years (84 months) would be adopted as the starting point.
177. Given the guilty plea of D21, a full one-third discount would be given. We gave 3 months reduction for his ignorance of the law and a further 2 months reduction for his past contribution as a District Councillor.
178. In conclusion, for the offence D21 stands convicted, he is sentenced to 4 years and 3 months’ (51 months) imprisonment.
