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189. D23 has 2 conviction records. For DCCC107/2021, he was convicted on his own pleas of one count of “Incitement to knowingly take part in an unauthorized assembly” (Charge 1) and one of “Holding or organizing an unauthorised assembly” (Charge 2). The offence dates of these two charges were 30 June 2020 and 1 July 2020 respectively. D23 was sentenced to a total term of 10 months’ imprisonment. He had served the sentence. For DCCC 857–875, 877–884, 886–889, 891 & 893/2020, D23 was convicted on his own plea of one count of “Knowingly taking part in an unauthorised assembly”. He was sentenced to 4 months and 2 weeks’ imprisonment. The offence date was 4 June 2020.
190. Ms. Breanne Kwok, counsel for D23 submitted that D23 was not a principal offender or a person who had committed an offence of a grave nature. She submitted that D23 was at best an active participant in the Scheme
191. We received mitigation letters from D23, his wife, former senior government officials, LegCo members and many others, including people who had received D23’s help. They all asked for a lenient sentence be passed.
192. In our judgment, the role of D23 in the Scheme was that of an active participant. He agreed with others to veto the Budgets indiscriminately in pursuant to the Scheme if he were successfully elected into the LegCo.
