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D35 Yeung Alvin Ngok-kiu
270. We are unable to accept the submission made on D35’s behalf that the appropriate starting point for D35 should be in the “lower end of the spectrum”. Given D35’s position in the Civic Party and the admissible evidence before us for sentencing purpose, we have no doubt that D35 took a pro-active and leading role in the Civic Party’s participation of the Scheme. This is in part evidenced by the press conference of the party on 25 March 2020. This is not to say that D35 is to be punished for what he did before the enactment of the NSL. As we have said, however, D35’s conduct before the NSL provides the context for us to assess the extent and degree of participation during the charge period. Having considered D35’s role in the Scheme, we adopt 8 years (96 months) imprisonment as the starting point. In so doing, as aforesaid, we have already factored in the non-violent nature of the Scheme.
271. D35 is now aged 43, married. He was raised by his mother with whom he maintains a close relationship. D35 received secondary and tertiary education in Canada. He joined the private Bar in Hong Kong in 2009. D35 started his political career as a candidate of the Civic Party in the 2012 LegCo election and eventually won the seat in 2016. He served as a LegCo member until late 2020. He, too, has a clear record.
272. We trust that Mr Choy SC has said all that could be said on D35’s behalf. We accept that D35 is now remorseful and that his chance of re-offending is low. In this regard, we grant D35 the customary one-third discount (32 months) which also covers his post-arrest co-operation with the Police.
