- 65 -
of him. Understandably, they pleaded for leniency on his behalf. D36 expressed his wish in his own written mitigation letter for an early release.
279. D36 was convicted after trial. For the role D36 participated in the Scheme, we were of the view that 7 years (84 months) should be adopted as the notional starting point. We gave 3 months each for his ignorance of the law and his past public service.
280. In conclusion, for the offence D36 stands convicted, he is sentenced to 6 years and 6 months’ (78 months) imprisonment.
D37 Chow Ka-shing
281. D37 is now aged 27, a student studying nursing. He has two criminal records. He was sentenced in March 2024 to 61 months and 15 days imprisonment for riot which took place on 1 July 2019 inside the LegCo chamber. The commission of the riot predated the present offence.
282. It was accepted that D37 should be placed in the active participant category as he was neither an organiser nor a “principal offender”. It was further admitted that he had attended all the coordination meetings, election forum and press conference held by the localist resistance camp.
283. D37 was one of the initiators of the IWR Declaration. The IWR Declaration might not add a great deal to the Scheme, it certainly pointed to the fact that D37 was putting every effort in binding the participants to ensure its success. We were of the view that the IWR Declaration did constitute as aggravate factor in this case.
