HKSAR v. Zhang Qing

HCMA 73/2007

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MAGISTRACY APPEAL NO. 73 OF 2007

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Before: Hon Wright, J., in Court

Date of Hearing: 13 February 2007

Date of Judgment: 13 February 2007

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JUDGMENT

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1.The appellant was charged with a single charge of theft.  A summary of facts was agreed by the appellant and admitted in evidence.  She gave no evidence and called no witnesses.  The magistrate recorded that he was satisfied that she had committed the act set out in the charge but without recording a conviction against her.

2.He called for two psychiatric reports.  Each of the authors of those reports expressed the opinion that the appellant is suffering from schizophrenia marked by hallucinations and bizarre delusions.  Each recommended that she be made subject for a period of three months to a hospital order pursuant to s. 45 of the Mental Health Ordinance, Cap. 136.

3.The magistrate correctly accepted that that was the appropriate manner of dealing with the appellant.  The appellant appeals the order which the magistrate made on the grounds that it is too severe.   Mr. Ng, who appears today for the appellant, sensibly accepts that he is unable to advance any argument on her behalf.  That order is the only sensible and effective way of disposing of this matter.  Consequently the order is confirmed and the appeal dismissed.

Ms Christal Chan, Senior Government Counsel of the Department of Justice, for the HKSAR

Mr Alan Ng, instructed by M/s M L Tam & Co, on the instructions of the Director of Legal Aid, for the appellant.