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might never be carried out, yet the offence of conspiracy had been committed once the agreement was made. A conspiratorial agreement to commit any offence might never go further than the agreement itself. A sentence ought to reflect the exact criminality and its consequences. The applicable penalty provision should therefore be section 159C of the Crimes Ordinance.
3. The penalty band as prescribed in NSL 22 stated as follows:
“A person who is a principal offender or a person who commits an offence of a grave nature shall be sentenced to life imprisonment or fixed-term imprisonment of not less than ten years; a person who actively participates in the offence shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; and other participants shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or restriction.”
(犯前款罪，對首要分子或者罪行重大的，處無期徒刑或者十年以上有期徒刑；對積極參加的，處三年以上十年以下有期徒刑；對其他參加的，處三年以下有期徒刑、拘役或者管制。)
4. On the other hand, section 159C of the Crimes Ordinance provided as follows:
“(1) A person guilty of conspiracy to commit any offence or offences by virtue of section 159A shall be liable on conviction on indictment—
- (a) in a case falling within subsection (3) or (4), to imprisonment for a term related in accordance with that subsection to the gravity of the offence or offences in question (referred to in this section as the relevant offence or offences); and
- (b) in any other case, to a fine.
…
(4) Where in a case other than one to which subsection (3) applies, the relevant offence or any of the relevant offences is punishable with imprisonment, the person convicted shall be liable to imprisonment for a term not exceeding the maximum term provided for that offence or (where more than one such offence is in question) for any one of those offences (taking the longer or the longest
