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general deterrent effect on the community as a whole, as well as a specific deterrent effect on the individual in question.
16. Article 21 of the NSL sets up a tiered system for sentencing offenders of incitement to secession.
17. It provides:
「情節嚴重的，處五年以上十年以下有期徒刑；情節較輕的，處五年以下有期徒刑、拘役或者管制。」
18. Its English translation reads:
“If the circumstances of the offence committed by a person are of a serious nature, the person shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years; if the circumstances of the offence committed by a person are of a minor nature, the person shall be sentenced to fixed-term imprisonment of not more than five years, short-term detention or restriction.”
19. The circumstances in which the Defendant committed the offence of incitement to secession included the following: the Slogan was printed on a flag carried on his back when he was travelling on a busy public highway on 1 July 2020 plainly in the view of the general public; he had deliberately failed to stop his motorcycle at multiple police checklines, showing obvious and open defiance to lawful instructions given by law enforcement officers duly tasked to maintain law and order in Hong Kong; 1st July is the anniversary date of the establishment of the HKSAR and the resumption of sovereignty over Hong
