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302. For the role D40 participated in the Scheme, we were of the view that he should be placed in the “active participant” category. 7 years (84 months) would be adopted as the notional starting point. Because of his plea, a full one-third discount would be given. This would reduce the sentence to one of 56 months imprisonment. Three months and two months each respectively would be given for his past contribution or service to the community and ignorance of the law.
303. In conclusion, for the offence D40 stands convicted, he is sentenced to 4 years and 3 months’ (51 months) imprisonment.
D41 Leung Kwok-hung
304. D41 is now aged 68, a former LegCo Councillor from 2004 to 2016, a radio programme host prior to his arrest. D41 has 24 convictions involving 38 offences.
305. It was submitted that D41 should be placed in the “other participant” category as his involvement was not substantial.
306. Mitigation letters from social workers, trade union officers and friends had been produced to demonstrate his dedication in working for the underprivileged and grassroots. Counsel for D41 asked this Court to take into account of D41’s positive good character and contribution to the community. Given his past criminal records, we did not think we were in a position to describe D41 as having a positive good character. Nor could we grant him further discount for past contribution to the community. No doubt, such had been given in the past.
