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the LegCo, he would veto the Budgets indiscriminately with others in pursuant to the Scheme.
185. Based on the role of D22 in the Scheme, 7 years (84 months) would be adopted as the starting point. A full one-third discount would be given for his guilty plea. It was not raised in D22’s mitigation that he committed the offence under a mistake of the law, hence we gave no reduction under this head.
186. We accepted that some of the seditious words uttered by D22 in the District Court case were related to the Primary Election. Some of those charges were committed between 4 to 19 July 2020. We were aware that the gravamen of the offence of “Uttering seditious words to the public” and “Conspiracy to commit subversion” were different. However, we took the view that as those charges and the present charge were committed in close proximity, we should apply the totality principle in sentencing D22 as if this case and the District Court case were heard together. Given the fact that D22 had already completed his sentence in the District Court case, we would give a reduction of 3 months to reflect the totality of the 2 matters.
187. In conclusion, for the offence D22 stands convicted, he is sentenced to 4 years and 5 months’ (53 months) imprisonment.
D23 Wu Chi-wai
188. D23 is now aged 62. He was a serving LegCo member and the Chairman of the Democratic Party at the material time.
