You are getting too far ahead. First lets clear this situation and secure the funds then decide as a community what to do. Either refund proportionally to the amount of coins available or continue development or whatever is decided.
We first have to get what is left straight and where the rest went?

"The yin/yang investors didn't get ''free'' coins , CA bought the y/y from ppl with his own btc , and then traded them for the ICO and then sent the hmy to ppl...
He did that to help the y/y investors as HMY , before it was released , or that there would be an ICO planed and such , was supposed to be a continuation of y/y."

He did because in the end he stole the money back (10BTC) from HMY ICO so HMY got nothing so the coins were given for free.