Page:HKSAR v. Tong Ying Kit (Verdict).pdf/20

-20- 39. In respect of the mens rea for the offence under Article 24, it is doing the prohibited act(s) with a view to coercing the Central People’s Government (“CPG”), the Government of the Hong Kong Special Administrative Region (“HKSARG”), or an international organisation or intimidating the public in order to pursue political agenda.

C. Issues at trial

C.1 Count 1: Incitement to secession

(1) Meaning of the slogan and incitement to commit secession

40. One of the main issues in this case is the meaning of the slogan “光復香港 時代革命 LIBERATE HONG KONG REVOLUTION OF OUR TIMES” (“the Slogan”) printed on the flag and which was hoisted at the back of the Defendant when he was driving the motorcycle.

41. The Defence, while accepting that in the past, one of the possible meanings of the Slogan might be “Hong Kong Independence”, contended that, at the material time, the Slogan meant different things and there was no one single meaning understood by everyone.

42. The Defence further submitted that, on the evidence adduced, the offence was not made out because the Defendant was simply driving a motorcycle in a particular way on that day. He did not do anything to incite others to commit an offence, not to mention the offence of secession.