Page:HKSAR v. Tong Ying Kit (Sentence).pdf/11

-11- 28. In respect of Article 24 of the NSL, it again adopts a tiered sentencing regime.

29. It provides:
 * 「犯前款罪，致人重傷、死亡或者使公私財產遭受重大損失的，處無期徒刑或者十年以上有期徒刑；其他情形，處三年以上十年以下有期徒刑. 」

30. Its English translation reads:
 * “A person who commits the offence causing serious bodily injury, death or significant loss of public or private property shall be sentenced to life imprisonment or fixed-term imprisonment of not less than ten years; in other circumstances, a person who commits the offence shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.”

31. In the course of mitigation, Mr Grossman suggested that the Defendant was merely driving recklessly on the day in question. This suggestion was not borne out by the evidence and was in fact contrary to our finding that the Defendant could have and should have stopped his motorcycle before he drove past each checkline and that despite repeated warnings, he deliberately ran through the checklines, eventually crashing into the police officers at Checkline 4.

32. We are further of the view that what the Defendant did was calculated and deliberate acts which created a very dangerous