Page:HKSAR v. Tong Ying Kit (Verdict).pdf/17

-17- was made to men to interfere with the police in the execution of their duty, and they were incited to do so…”

33. What could be distilled from the above authorities are these:
 * (1) an incitement could be addressed to the public at large, whether in the form of a published article, an advertisement, or a speech;
 * (2) when examining the subject matter said to constitute the incitement, all the surrounding circumstances have to be taken into account, including the background leading up to the event complained of;
 * (3) in ascertaining whether the subject matter complained of constitutes an incitement, the subject matter has to be looked at as a whole; and
 * (4) in deciding whether the words used are capable of the incitement alleged, the natural and reasonable effect of the article or the words has to be examined.

34. In other words, insofar as count 1 is concerned (and putting aside the question of mens rea for the time being), we have to ask ourselves this: having regard to the natural and reasonable effect of displaying the flag with the slogan on it in the particular circumstances of