HKSAR v. Chan Shing Lung

Case No.HCCC 174/2009

Court

High Court CFI

Date26 Jan 2010

Judge—

Case Document

100%

HCCC174/2009

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO. 174 OF 2009

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	HKSAR
	v.
	CHAN SHING-LUNG (陳成隆)

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Before:

The Honourable Mrs Justice V Bokhary

Date:

26 January 2010 at 9.45 am

Present:

Mr Fredric Whitehouse, counsel-on-fiat, for HKSAR
Mr David Khosa, instructed by Messrs Y K Lau & Co. (assigned by DLA), for the Accused

Offence:

Manslaughter (誤殺)

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Transcript of the Audio Recording
of the Sentence in the above Case

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COURT: The accused, I have received and considered two reports on you prepared since your conviction. One is a psychiatric report, and the other is a probation report. The reporting psychiatrist’s opinion is expressed in these terms:

“Chan is suffering from a chronic mental illness, namely recurrent depression, presently under control. While there is no indication for hospital treatment, close psychiatric follow-up at the outpatients’ along with supervision and family support are essential. Maintenance medication will be long term.”

As for the reporting probation officer, he recommends that you be put on probation for a period of 18 months upon two conditions: (1) that you reside with your elder brother Mr Chan Shing-kwan and (2) that you attend physical and psychiatric treatment as required.

Your situation is tragic and much of your life has been extremely sad. But there appear to be persons, especially your elder brother, who love you, and wish you well and would be deeply saddened if you were to take your own life or even attempted to do so. For their sake as well as for your own sake, it is to be hoped that you will choose to live and, eventually, find some happiness. That is in your best interest, the best interest of those who care for you and the best interest of society as a whole.

In the furtherance of all those interests and to do what I consider to be the best justice that can be done in all the circumstances, I put you on probation for a period of 18 months upon the two conditions recommended. Never forget how important it is to receive whatever medical and psychiatric treatment is provided to you, to follow whatever advice is given to you and take whatever medicine is prescribed for you.

It is the court’s wish and everybody’s wish that your future will be very much better than your past has been.