HKSAR v. Yan Siu Keung

DCCC11/2010

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 11 OF 2010

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Reasons for Sentence

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1.Yan Siu-keung, when this matter came before this court on 28 May this year, you pleaded guilty to wounding Mr Chan Loi with intent to do him grievous bodily harm. Accordingly, you stand convicted of that offence.

2.On the morning of 9 November last year, Mr Chan was returning to his flat and opening the iron grille when you came out of your flat and chopped him over the head with a knife.

3.Fortunately, he sustained only three relatively small chop wounds to his forehead and his head.  There was no fracture to his skull.

4.He had his wounds sutured in hospital and was discharged the same day.

5.When the police arrived, you told them that you had attacked Mr Chan because you were annoyed by the noise that was being made by your neighbours.

6.You are a young man who has never been convicted of a criminal offence before, and it is clear from the very helpful reports that I have received from Mr Cheung Hung-wah of the probation service and the report of Dr Tsang Lo-wah that the cause of this attack was the mental illness from which you have been suffering since you were in Form 6.

7.It appears that it is an illness that can be controlled by medication, but you have not shown that you are reliable when it comes to taking that medication.

8.It appears that this is not the first time that you have been aggressive and have resorted to violence when you failed to take the medication that was prescribed for you.

9.The victim, Mr Chan Loi, understands that it was your illness that led you to do what you did and he has forgiven you.

10.Although fortunately, Mr Chan Loi’s injuries were not as serious as they might have been, your behaviour when you do not take medication poses a threat to other people.

11.It is both in your best interests and in the interests of society that you continue to receive psychiatric treatment so that this sort of incident does not recur.

12.It is not possible for you to receive that treatment in a halfway house at this stage. 

13.Having regard to all the circumstances, including your past history, I am satisfied that the appropriate course in the circumstance is to follow the recommendations of Dr S H Lui and Dr W Y Wong that you receive impatient treatment under a hospital order under section 45 of the Mental Health Ordinance.

14.This incident took place 9 months ago on 9 November and you have been in Siu Lam Psychiatric Centre since that time.  It is there that you will continue your treatment.

15.Bearing in mind all the circumstances and the recommendations of the doctors, I consider that the appropriate order in this case is that you be detained under a hospital order for a period of 6 months, and that is the order I make.