- 67 -
290. For the role D38 participated in the Scheme, we were of the view that 7 years (84 months) should be adopted as the notional starting point. Three months would be given for his ignorance of the law. No doubt, his past contribution to public work had been taken into account previously and as D38 was convicted after trial, no further discount would be given.
291. In conclusion, for the offence D38 stands convicted, he is sentenced to 6 years and 9 months’ imprisonment (81 months).
D39 Fan Gary Kwok-wai
292. D39 is now aged 58, a former LegCo Councillor for New Territories East.
293. It was submitted that given the limited role D39 played and that he was not involved in the planning, organisation or instigation of the Scheme, he should be placed in the “other participant” category with a starting point of 3 years imprisonment.
294. Mitigation letters had been produced by residents of his district, friends and colleagues, community leaders and family members. They spoke highly of D39 and understandably asked the Court to deal with him as lenient as possible. Whilst in remand, his father passed away and his other family members also suffered from serious illnesses.
295. Handwritten mitigation letter from D39 indicated that he was remorseful for infringing the law and had chosen to admit his guilt. Again we had no doubt that the appropriate authority would take note of D39’s attitude, if genuinely held in assessing his remission in future.
