The Queen v. Fong Kai Pan

CACC000101/1992

--------------

Coram: Hon. Sir Derek Cons, V.P., Power & Nazareth, JJ.A.

Date of hearing: 1st July 1992

Date of delivery of judgment: 1st July 1992

----------------------

J U D G M E N T

----------------------

Sir Derek Cons, V.P.:

1. This is an application for leave to appeal against an order made by Duffy, J., that the applicant be detained under s. 45 o?the Mental Health Ordinance and which did not specify any limited period.

2. The applicant had been charged on two counts of murder and wounding with intent to cause grievous bodily harm under s. 17 of the Offences against the Person Ordinance. His pleas to manslaughter and wounding with intent under s. 19 of the Ordinance were accepted. Before making the order the judge had the benefit of reports from three doctors and of direct evidence from one of them.

3. The Director of Legal Aid has assigned two counsel to consider the application for leave to appeal against sentence, one of: them being Mr. Robert Forrest, who had appeared below, and Mr. Kumar Ramanathan. They have been unable to find any grounds in support of this appeal.

4. In the circumstances we thought it appropriate to allow the applicant himself as well to address us. He objects to the order basically upon the ground that he does not consent to it, but we have to advise him that his consent, or lack of it, is immaterial.

5. We also have considered the summary of facts which was put before the judge, the three reports and the transcript of the evidence of the doctor who appeared. We find no reason to interfere with the order made by the judge and the application is accordingly dismissed.

Representation:

T. Casewell, Crown Prosecutor for the respondent

Kumar Ramanathan and Robert Forrest (D.L.A.) assigned for the applicant