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239. D29 was D6 in DCCC 857–875, 877–884, 886–889, 891 & 893/2020. From the Reasons for Sentence given by the judge, it was obvious that the judge was aware of the contribution and public service of D29.
240. In the present case, we would not give any additional reduction on the ground of positive good character.
241. After stepping back and taking a global view of the criminal conducts of the District Court case and the present case, we came to the conclusion that the application of the totality principle did not call for a further reduction.
242. In conclusion, for the offence D29 stands convicted, he is sentenced to 4 years and 8 months’ (56 months) imprisonment.
D30 Kwok ka-ki
243. Both D30 and D35 were candidates in the Primary Election who were from the Civic Party. Based on the evidence before us, both of them were members of the Caucus of the Civic Party and D35 was also the Party Leader. Both D30 and D35 pleaded guilty at the committal. There is no dispute and we accept that both D30 and D35 were “active participants” in the Scheme.
244. Having considered D30’s role in the Scheme, we adopt 7 years’ (84 months’) imprisonment as the starting point. In so doing, we have already factored in the non-violent nature of the Scheme.
