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-6- important than human decency. He also expressed the hope that the society might put aside hatred.

12. In short, Mr Grossman urged us to pass as lenient a sentence as possible, taking into account the circumstances of this case.

Sentencing considerations-count 1: incitement to secession

13. Article 1 of the Basic Law of the Hong Kong Special Administrative Region (“HKSAR”) provides that the HKSAR is an inalienable part of the People’s Republic of China (“PRC”). Article 12 of the Basic Law further provides that the HKSAR shall be a local administrative region of the PRC, which shall enjoy a high degree of autonomy and come directly under the Central People’s Government.

14. Article 2 of the NSL in turn stipulates that the provisions in Articles 1 and 12 of the Basic Law on the legal status of the HKSAR are the fundamental provisions in the Basic Law. No institution, organisation or individual in the HKSAR shall contravene these provisions in exercising their rights and freedoms.

15. Accordingly, in our view, any person in the HKSAR who commits secession or carries out any act undermining national unification or inciting other persons to do so must be suitably punished for contravening such fundamental provisions in the Basic Law. Moreover, the punishment must have as its aim a