Page:HKSAR v. Tong Ying Kit (Verdict).pdf/22

-22- harm to the society, nor could the Prosecution prove that such an act was intended by the Defendant to cause grave harm to the society.

(3) Did the Defendant carry out those acts with a view to coerce the CPG/HKSARG or to intimidate the public in order to pursue political agenda?

47. Again, the meaning of the Slogan is pertinent.

48. If, after examining all the relevant circumstances, we were to find that the Slogan was capable of meaning “Hong Kong Independence” at the material time, then the next issue we have to address is whether the conduct of the Defendant on that day was carried out with a view to coerce the CPG/HKSARG or to intimidate the public in order to pursue political agenda within the meaning of Article 24 of the NSL.

49. The Defence submitted that it was not and that there was no evidence about any coercion or intimidation or the pursuit of a political agenda.

C.3 Count 3: causing grievous bodily harm by dangerous driving

50. The main issue relating to count 3, the alternative count, is whether the Defendant’s driving at the material time constituted dangerous driving and whether it was his driving which caused grievous bodily harm to the officers concerned.