CRIMINAL CASE NO. 11 OF 2011
COURT: Li Chung-man, to the families of the two persons whom you killed, I extend the court’s condolences. To each of the three persons whom you wounded, I also extend the court’s wishes for as full and rapid recovery as possible.
You were charged with two counts of murder. On each of those two counts, you stand convicted of manslaughter, your plea of guilty of manslaughter having been tendered and accepted on the basis of diminished responsibility.
In respect of each of the three persons whom you wounded, you stand convicted on your plea of guilty to wounding with intent.
The sentencing process in this case is concerned to protect society and, indeed, you yourself. I am satisfied on the medical evidence that you are mentally disordered. I am also satisfied that the nature and degree of your mental disorder warrants your detention in the Correctional Services Department Psychiatric Centre for treatment. So I make a Hospital Order in respect of you - for I am satisfied that, all things considered, such an order is the most suitable means of dealing with you.
I am also satisfied that arrangements have been made for your admission to the Correctional Services Department Psychiatric Centre within 28 days.
As for the proviso to section 47(2) of the Mental Health Ordinance, I do not disapply it. The remaining question is whether the court should specify the period of detention or leave it to the doctors keeping your progress under review.
On that question, I have the benefit of up-to-date reports from two doctors, each of whom is a visiting psychiatrist at the Siu Lam Psychiatric Centre. They are Dr W K Choi whose report is dated 23 August 2011 and Dr Amy C Y Liu whose report is dated 24 August 2011. They are each of the opinion that you suffer from schizophrenia, pose a danger to the public and should be the subject of a Hospital Order for an unspecified period of time.
After anxious consideration, I have come firmly to the conclusion that the only acceptably safe course, for the public and for yourself, is to make a Hospital Order without specifying a period. Accordingly, I make such an order. It is not to punish you, it is to protect the public and you yourself. The doctors will keep your progress under review.