HKSAR v. Arshdeep Kaur
Read the full judgment text of HCCC 124/2018 on BabelCite. This High Court CFI judgment was delivered on 13 November 2018.
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HCCC 124/2018 [2018] HKCFI 2850 IN THE HIGH COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION COURT OF FIRST INSTANCE CRIMINAL CASE NO 124 OF 2018 -----------------
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-------------------------------------------- Transcript of the Audio Recording -------------------------------------------- COURT: Arshdeep Kaur, it was a very terrible thing that you did in taking a young child’s life. You knew that then and you know that now. You knew, and you know, that it was a very terrible thing to do, and it is something that you are going to have to live with for the rest of your life. I have to bear in mind that when you killed the little boy, you were, and in fact you still are, a young woman suffering from a very serious mental illness. You have been seen by a number of psychiatrists both before you pleaded in this case and, in fact, after your conviction I have read the reports, and I have two reports before me which I am required to have by law from psychiatrists which recommend that you be made the subject of a mental health order under section 45(1) of the Mental Health Ordinance, that is an order requiring you to be detained in the Siu Lam Psychiatric Centre for an unspecified period. I have read those reports repeatedly, and I agree with the psychiatrists’ conclusions. I am satisfied that such an order is the appropriate way of dealing with you and your offence. I am satisfied that an order should be made for the protection of the public and also that if it is made, it is in your own interests as a mentally disordered person I am therefore making such an order. I am not endorsing that order under section 45(1A) of the Mental Health Ordinance, which means that in your case, the power to discharge you from your detention can only be exercised with the prior consent of the Chief Executive. |