Page:HKSAR v. Tong Ying Kit (Verdict).pdf/24

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nature as that of the Defendant’s previous convictions, we declined to so direct ourselves when dealing with count 3. Both parties raised no objection to this approach and this is what we have done.

F. Evidence at trial

F.1 The Defendant’s background

55. It is not disputed that the Defendant was born in Hong Kong in 1996 and educated in Hong Kong.[1]

56. He lived in Hong Kong and was out of Hong Kong between June 2019 and July 2020 only for about 2 weeks in September 2019 and for about a week in February 2020.[2] He is a permanent resident of Hong Kong.

57. The Defendant was the registered owner of motorcycle TV 7283 since 2 August 2019 and he held a probationary driving licence at the material time.

F.2 Events on 1 July 2020

58. On 30 June 2020, the HKSARG announced that the NSL would take effect in Hong Kong and this was reported extensively in the news.[3]


  1. See para 1 of the Admitted Facts, P1, and the school reports, P210.
  2. See para 3 of P1.
  3. See para 7 of P1.