3 Aug 2022
香港特別行政區 訴 馬俊文
- Citation
- [2022] HKCA 1151
- Court
- Court of Appeal
- Case number
- CACC272/2021
Applying NSL s21 read with local sentencing principles the Court held the appellant's repeated, premeditated public incitement to pursue 'Hong Kong independence', conducted across sensitive dates and locations, amplified by social media and targeting young people, amounted to a 'serious' case under s21. However the trial judge's 6‑year starting point was excessive for this case's relative culpability within the 'serious' band; appropriate sentence is 5 years after allowing the trial judge's 3‑month discount for saved trial time.