Page:HKSAR v. Tong Ying Kit (Sentence).pdf/5

-5- were not serious as there was no bone fracture and none required any operations. In the circumstances, Mr Grossman said that this case should fall into the “other circumstances” limb of Article 24 which would only call for “fixed-term imprisonment of not less than three years but not more than ten years”.

10. Although there are two offences, Mr Grossman said that, on the facts, they melded into one and wholly concurrent sentences were appropriate.

11. In respect of the Defendant Defendant’s personal background, Mr Grossman emphasised that he was a decent young man. He committed the offences out of stupidity but he is now genuinely remorseful. Letters written by the Defendant himself, his family members, relatives and friends were handed up to the court. In the letters, the Defendant was invariably described as a simple-minded and kind-hearted person as well as a filial son who supported the family and his younger sister’s studies abroad. In relation to the commission of the present offences, the Defendant’s father said that he was easily influenced by politics and it was “bad publication that led to his wrong act” whilst the Defendant’s aunt considered him to have been “affected by some people in the society and the media’s false reporting”. For the Defendant himself, he wrote to express his remorse, saying that he had now come to realise that political views are matters of perspectives and should not be more