HKSAR v. Lau Wing Wa

CACC000757/1997

1997, No. 757
(Criminal)

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

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Coram : Hon. Power, V.-P., Rogers and Stuart Moore, JJ.A. in Court

Date of Hearing : 16 June 1998

Date of Judgment : 16 June 1998

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J U D G M E N T

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Rogers, J.A. (delivering the judgment of the Court) :

1. The Appellant Lau Wing-wa was originally charged with murder. He pleaded guilty to manslaughter on the grounds of diminished responsibility before Mrs. Justice Bokhary on 10th December of last year.

2. The facts of the offence can be shortly stated. The deceased was the Appellant's mother. She was killed in a particularly gruesome manner. Not only was the deceased chopped and mutilated but her head was severed and the severed head was thrown out of the premises to the ground below.

3. There is no doubt from the facts of the crime and from the Appellant's previous medical history that he was suffering from a serious mental disorder and indeed it was partly difficulties with his medication which had led to his committing the crime.

4. The Judge below had reports from three doctors before her and two of the doctors gave oral evidence. The Judge said that she was satisfied on the medical evidence that the Appellant was mentally disordered and that the nature and degree of the mental disorder warranted the detention in the Correctional Services Department, Psychiatric Centre for treatment. The Judge reviewed the evidence of the three doctors and noted that one of the doctors who had given evidence before her, had said that in his opinion the detention should be for an unspecified period because the Appellant's conduct could not be vouched for. The doctor who was instructed on behalf of the Appellant himself, when asked by the Judge as to what would be the effect if the Appellant failed to take medication, said that there was a fair probability that the Appellant would be dangerous.

5. Having fully considered the evidence, the Judge said this :-

"After anxious consideration, I have come firmly to the conclusion that the only acceptably safe course for others and for yourself is to make a Hospital Order without specifying a period."

6. Having considered the evidence ourselves, we are of the view that that was correct decision and, indeed, the only decision which the Judge could come to in the circumstances.

7. Leave to appeal is therefore refused.

Representation:

Mr. Wesley W.C. Wong, S.G.C. instructed by Director of Public Prosecution

Mr. Michael Poll instructed by Director of Legal Aid for Applicant