Page:HKSAR v. Tong Ying Kit (Sentence).pdf/12

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situation for the road users and which indeed caused injuries to three police officers.

33. Moreover, as pointed out in our Reasons for Verdict, the Defendant’s acts were pre-planned. He took a convoluted route and he deliberately challenged the police checklines. What he did had not only jeopardised public safety and security but had also caused grave harm to the society[1].

34. We also note that the Defendant’s motorcycle was one with a 599cc engine and 120 hp[2]. We had opportunities, at trial, to see for ourselves from the footages as to how the motorcycle was driven by the Defendant. We have no doubt that, like any other vehicle, the Defendant’s motorcycle was a lethal weapon when driven in the dangerous manner as the Defendant did in this case. It was only fortunate that not more serious injuries were caused to the police officers and that the other road users were not hurt.

35. However, in our assessment, while the injuries sustained by the officers were not minor at all, they were not serious bodily injuries(重傷). Therefore, the “other circumstances” limb of the sentencing regime is applicable, and we shall determine the starting point for this count based on that range.


  1. [162] and [163].
  2. Further Admitted Facts [24]..