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217. We accepted that D26 was not an organiser. The Scheme was also not initiated by him. As such, he was at most placed in the “active participant” category. However he did more than just a mere participant to the Scheme. The purpose of the IWR Declaration was meant to bind the participants from deviating from the Scheme. He and other initiators put in place an undertaking to ensure the success of the Scheme. He rendered his assistance to the grand scheme. As such the notional starting point would be set at 8 years’ (96 months) imprisonment. A full one-third discount would be given for his plea. An additional 3 months would be given for his ignorance of the law. Two months would also be given for his past public service.
218. Judging from his mitigation letters, it seemed to us that D26 had demonstrated a genuine remorse. We were of no doubt that the appropriate authority would take that into account, if genuinely held when the issue of remission was under consideration in the future.
219. For the offence D26 stands convicted, he is sentenced to 4 years and 11 months’ (59 months) imprisonment.
D27 Wong Ji-yuet
220. D27 is now aged 27, an assistant to an art therapist. She has one criminal record and is now serving a 37 months’ imprisonment for riot. The riot took place on 18 November 2019.
221. It was accepted by Mr Pun, counsel for D27 that although D27 actively participated in the Scheme, she however was not a principal
