Page:HKSAR v. Tong Ying Kit (Verdict).pdf/21

-21- (2) The Defendant’s understanding of the meaning of the Slogan and his intention

43. The Defence contended that, in any event, there was no evidence to prove that the Defendant had the requisite mens rea when he displayed the flag on that day.

C.2 Count 2: terrorist activities

(1) Did the Defendant’s acts amount to acts involving serious violence against persons or other dangerous activities?

44. It was the Defence case that the collision occurred simply because of the conduct of the police. They argued that if the police had not tried to stop the Defendant while he was driving the motorcycle and/or had not thrown the shield at the Defendant, he would not have lost control of his motorcycle.

45. It was therefore urged upon us that the Defendant did not intend to run into the police officers and that the Defendant, by doing what he did on that day, did not commit any acts involving serious violence against persons or involving other dangerous activities which seriously jeopardised public safety or security as pleaded in the particulars of the count.

(2) Grave harm to the society

46. Even if we were to find that the Defendant deliberately ran into the police officers, the Defence’s position was that such an act was an isolated incident with limited impact and was not an act causing grave