Page:HKSAR v. Tong Ying Kit (Verdict).pdf/19

-19- :(1) serious violence against a person or persons;
 * (2) explosion, arson, or dissemination of poisonous or radioactive substances, pathogens of infectious diseases or other substances;
 * (3) sabotage of means of transport, transport facilities, electric power or gas facilities, or other combustible or explosible facilities;
 * (4) serious interruption or sabotage of electronic control systems for providing and managing public services such as water, electric power, gas, transport, telecommunications and the internet; or
 * (5) other dangerous activities which seriously jeopardise public health, safety or security.”

37. For an offence under Article 24, as explained in our ruling given orally on 29 April 2021, we are of the view that “causing or intended to cause grave harm to the society” is an element which the Prosecution is required to prove. In other words, the actus reus of the offence is the organization, planning, commission, participation in, or threatening to commit any of the activities specified under Article 24(1) to 24(5) and which causes grave harm to the society or which is intended by the defendant to cause such harm.

38. “Harm”, according to the Shorter Oxford English Dictionary, when used as a noun, means “hurt, injury, damage, mischief”. In other words, the ordinary meaning of “harm” is not restricted to physical injury.