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54 months and 20 days imprisonment for participating in the riot taken place on 1 July 2019 inside the LegCo chamber. It was accepted that given the overall circumstances of D34’s role and involvement, he should be placed in the “active participant” category.
266. Mitigation letters from his friends and employer had been produced. They spoke highly of him. They pleaded for leniency on his behalf. D34 addressed us eloquently in court. He took full responsibilities for his actions and expressed his remorse and promised not to infringe the law in years ahead. We were of the view that the appropriate authority would no doubt take note of his change, if genuinely held, in assessing his remission in the future.
267. The riot case in which D34 pleaded guilty predated the present case. The two cases had no direct relationship and concerned two separate matters. We had considered the issue of totality and failed to see why a concurrent sentence should be imposed.
268. Based on his role in the Scheme, 7 years (84 months) would be adopted as the starting point. A full one-third discount would be given for his plea. We would also give him 3 months for his ignorance of the law.
269. For the offence D34 stands convicted, he is therefore sentenced to 4 years and 5 months’ (53 months) imprisonment, to be served consecutively to the sentence imposed on his riot case.
