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D22 Tam Tak-chi
179. D22 is now aged 52, a radio host. He has 2 previous convictions.
180. It can be seen from the Court of Appeal’s judgment in HKSAR v Tam Tak Chi [2024] 2 HKLRD 565 that for D22’s second conviction, he was convicted in the District Court of seven counts of sedition offences and three counts of public order offences. He was sentenced to a total of 40 months’ imprisonment. The Court of Appeal dismissed his appeals against conviction and sentence.
181. Miss Pauline Leung, counsel for D22 submitted that D22 was not a principal offender or a person who had committed an offence of a grave nature. She submitted that D22’s culpability fell within the “Other Participation Band”.
182. Miss Leung submitted that some of the charges in the District Court case were post-NSL in that they were committed between 4 July to 19 July 2020, during D22’s running in the Primary Election. These offences were committed in close proximity with the present offence.
183. Miss Leung submitted that this Court should apply the totality principle when sentencing D22 for the present offence as if this case and the District Court case were heard together.
184. In our judgment, the role of D22 in the Scheme was that of an active participant. He agreed that if he were successfully elected into
