Page:HKSAR v. Tong Ying Kit (Verdict).pdf/55

-55- Firstly, the Defendant’s driving manner has to be examined in its entirety. The Defendant should have stopped behind the Brown Car, yet he overtook it and collision was bound to occur whether he applied brakes or not. Secondly, even assuming that the Defendant was driving at 20 kph, his speed at the material time was not safe given that there was a group of police officers in a short distance ahead of him; that the Brown Car in front of his motorcycle had already stopped; and that, when overtaking from the left, he was then manoeuvring his motorcycle through a narrow gap between vehicles.

155. Mr Grossman also emphasised that a terrorist would not have acted in the way the Defendant did, for example, stopping at traffic lights and carrying first-aid items with him. We find this submission to be taking bits and pieces out of the entire picture of what the Defendant did on that day. Moreover, the submission seems to have been based on a false premise: there is a protocol to follow when a person is going to engage in terrorist activities. With respect, we do not think there is such a standard procedure. Nor is there any typical conduct which a person aiming to engage in terrorist activities will certainly display. The situation may be so volatile that the person may just need to blend in with the ordinary members of the community or to act perfectly normally at times. We therefore see no force in this argument put forth by Mr Grossman.

156. We could see from the screenshots of the video footage that there were pedestrians at the junction where the crash occurred, so the manner of the Defendant’s driving was also putting those pedestrians