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318. For the role D43 participated in the Scheme, 7 years (84 months) would be adopted as the notional starting point. Three months and two months each respectively would be given for his ignorance of the law and past contribution to public service. As D43 was convicted after trial, no further discount would be given.
319. In conclusion, for the offence D43 stands convicted, he is sentenced to 6 years and 7 months’ (79 months) imprisonment.
Candidates for District Council (Second) and Health Services
320. D44 Shum Lester and D45 Wong Pak-yu were candidates for the District Council (Second) Constituency and they pleaded guilty at the committal. D47 Yu Wai-ming Winnie was a candidate of the Health Services Constituency and she was convicted after trial.
321. Based on the Summary of Facts relating to D44 and D45 and the evidence adduced at the trial relating to D47 and having considered their respective culpability, we find that they were “active participants” in the Scheme.
322. As regards D47, we do not ignore the fact that she was a “latecomer” to the Scheme and that she had not participated in any coordination meetings or election forum. However, we do not consider that calls for a lower starting point. This is because the defendants are to be punished for their respective participation in the Scheme during the charge period. Their pre-NSL conduct, as we have said, only provides a backdrop for us to assess the extent and degree of their respective post-
