HKSAR v. Ng Yiu Fai

HCMA907/2007

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MAGISTRACY APPEAL NO. 907 OF 2007

(ON APPEAL FROM STCC 6034 OF 2007)

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BETWEEN

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Before : Deputy High Court Judge Line in Court

Date of Hearing : 25 October 2007

Date of Judgment : 25 October 2007

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J U D G M E N T

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1.This is an appeal against an order made under the Mental Health Ordinance, section 45, detaining the Appellant for a period of 4 months in Siu Lam Psychiatric Centre.  The magistrate made the order on the basis of two psychiatric reports and a probation report, following the Appellant’s plea of guilty to allowing things to fall from a height, contrary to section 4 of the Summary Offences Ordinance. 

2.It is a sad fact that the Appellant has been diagnosed for some time now as a paranoid schizophrenic.  At the time this order was made, he was actively psychotic.  The unchallenged medical evidence demonstrated that the right way to treat him was with the 4-month order. 

3.The Appellant asks me, very nicely, today to reduce that by 1 month and substitute something like probation or community service instead of that last month of the hospital order, pointing out that he did not want to endanger people below his flat from whence he threw the items and that he did so because he wanted to be punished because he wore glasses and the fact was that there had been experiments a long time ago, which had been cruel to people, in order to advance the science of optics.

4.I cannot accede to his plea to shorten the period and I am bound to dismiss his appeal against sentence.  But I do hope he understands that is done in the spirit of trying to help him and not punish him.

Representations:

Ms Rosaline Leung, Senior Government Counsel of the Department of Justice, for the Respondent

Mr Ching Wan-fung, instructed by Director of Legal Aid, for the Appellant