HKSAR v. Zhang Wenji

HCCC 171/2014

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 171 OF 2014

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REASONS FOR SENTENCE
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1.Sometime on 25 July 2013, the defendant killed the mother of his children, ZHANG Guilian and their two children, eight‑year‑old daughter, ZHANG Dan and seven‑year‑old son, ZHANG Lun. In a brutal and savage attack that defies all human feeling and understanding he took away three innocent lives.

2.In the lead up to the plea and sentence today there have been several pre-trial hearings to ascertain the defendant’s mental state.  He has been seen by four psychiatrists.  At the first pre‑trial hearing on 27 November 2014 it was confirmed that there was no issue that he killed the three victims.  At that stage there was the indication that he would plead guilty to manslaughter on the ground of diminished responsibility.  There were reports from two government psychiatrists, Dr Amy Liu and Dr Dorothy Tang and the defendant’s psychiatrist, Dr Cheung Hung-kin.

3.Dr Liu in her report dated 5 March 2014 was of the opinion that the defendant did not manifest any psychiatric symptom or suffer from any psychiatric illness and was fit to plead.

4.Dr Tang in her report dated 5 March 2014 was of the opinion that the defendant did not suffer from any formal psychiatric diagnosis and was fit to plead.

5.Dr Cheung in his report dated 13 November 2014 was of the opinion that the defendant was a jealous man whose jealousy probably built up and was waiting to explode.  Mr Frederic Whitehouse, counsel for the defendant, referred to the passage in Dr Cheung’s report where he said: “The ultimate provocation occurred when the couple had a quarrel over a relatively minor matter, and she kicked him repeatedly and even picked up a hammer to strike his head.  In addition, he had drunk 7‑8 taels of double-distilled spirits prior to this, the effect of which was to dis‑inhibit (i.e. let go) whatever emotions that were present.  All conditions were then ready for igniting the pre-existing bomb to explosion, resulting in a violent Rage Reaction totally out of control.  He did not plan to do it, but the emotions had driven him to do it.  Cognitively he appreciated the grave consequences of his acts, and he appreciated that he had landed on a path of no return.  He therefore proceeded to kill himself, but before he did so, he decided to take his 2 children along as well”.  These comments and other references in the report relating to what happened on 25 July came from the defendant.  I will rely on the summary of facts that had been admitted.  It should be noted, however, that Dr Cheung was of the opinion that the defendant cognitively appreciated the grave consequences of his acts and that he knew what he was doing and that he knew what he was doing was wrong.  He concluded that on the material there was no evidence that the defendant suffered from any abnormality of mind and that he was fit to plead.

6.At the next pre‑trial hearing on 4 February 2015 there were update reports from the psychiatrists and an additional report from another psychiatrist for the defendant, Dr Dong Yuet Sun Jimmy.

7.Dr Dong in his report dated 19 December 2014, upon a consultation on 14 November 2014, diagnosed that the defendant suffered with epilepsy and that his actions were caused by epileptic automatism over which he would have had no control.  He based his diagnosis on what he had been told by the defendant whose account of his past behaviour varied with the different psychiatrists.  The doctor analyses the defendant’s past behaviour by various references to a textbook neuropsychiatry.

8.Dr Liu in her updated report dated 27 January 2015, noted that the defendant had given an inconsistent account of his psychiatric history and that he admitted that the references by him of seeing a psychiatrist as an outpatient were untrue and that he never saw a psychiatrist before this offence.  She also clarified with him about his past behaviour and conduct which did not suggest him having any experience suggesting epilepsy.  She concluded that from the assessment and observation of the defendant at Siu Lam Psychiatric Centre there was no evidence suggesting that he was suffering from any formal psychiatric illness and that given the information available there was also no evidence suggesting he was suffering from epilepsy.

9.Dr Tang in her updated report dated 29 January 2015, concluded that in her opinion the defendant did not suffer from any formal psychiatric diagnosis or epilepsy in view of his stable mental condition during remand with no medication treatment.

10.Drs Liu and Tang were able to observe the defendant’s behaviour during the period he was in remand at the Siu Lam Psychiatric Centre and they found no evidence suggesting that he was suffering from epilepsy.

11.After confirming his instructions, Mr Whitehouse advised the court on 11 February 2015, that the defendant would plead guilty to all three murder counts. 

12.The defendant has pleaded guilty to the murder of Guilian, Dan and Lun.  A sentence of life imprisonment is mandatory for the offence of murder committed by an adult offender.  Murder is the most serious of all criminal offences on the statute books and warrants a deterrent and denunciatory sentence which reflects the community’s opprobrium for the crime committed and the community’s reverence for the sanctity of life.

13.This case highlights the struggles that a woman in a domestic dispute goes through and to some degree the futility she faces where she is under threat and fear from a man in her life and where her cries for help unfortunately do not avoid a tragic and violent outcome for herself and those close to her.  As a community it is imperative that when someone cries out for help, not only must we listen but we must also act.  The law must be equipped to provide such persons with the necessary care and protection.  The people responsible for dealing with domestic disputes are faced with an extraordinary task and the service that they perform requires special skills and the ability to overcome the personal complexities and difficulties that sometimes arise from the trauma of human emotions.  The people in this line of work require our complete understanding and total support.  They need to be equipped with the necessary resources and given meaningful and proportionate powers and measures to deal with extreme cases.  Whilst the symptoms of domestic violence are apparent and where attention is normally drawn, it is the causes of it that have been generally overlooked and unattended.  This is a matter, however, for the people experienced in dealing with this problem and who have a far greater appreciation of what is involved and how it should be tackled.  It is hard to know or predict when a domestic dispute will result in tragic consequences.  The social workers in the field have an unenviable task and on a daily basis perform a very important and excellent community service.

14.Mr Whitehouse in mitigation and in an effort to explain the defendant’s conduct in killing Guilian, Dan and Lun said he was a simple and poorly educated man with a rural background and that he had been drinking that night.  But this provides no explanation whatsoever for the killings that took place and in the manner in which he carried them out.  He submitted that by his plea of guilty he was remorseful but I note from the psychiatric reports it was commented that he displayed little remorse for what he had done. 

15.The ZHANG family originated from mainland China.  The defendant was born in Guangdong and was 38 years of age at the time of the offence.  His family consists of his parents, who are farmers and two elder brothers. His father recently passed away.  It appears he has other siblings as well although it is not quite clear as he has given different accounts about his family situation to the various doctors that he has consulted.  It also appears that his family relationships were good and he has described his childhood as a happy one.  Upon leaving school he worked on the farm with his parents and later became a driver, a job that he had been doing for 10 years prior to this offence.  He married in 2000, but divorced his wife after only one month because she could not consummate the relationship.  He met Guilian in 2003 and soon after they cohabitated together.  They had two children, Dan in 2004 and Lun in 2005.  They never got married.

16.In 2006, Guilian went to Hong Kong and looked after an elderly man, Li Wai Tat, whom she eventually married in late 2006.  As a consequence, she obtained Hong Kong residency.  She lived with her husband in a government housing flat at Oi Tung Estate, Shau Kei Wan.  Whilst she was living in Hong Kong, her children were being looked after by her relatives in mainland China and she would regularly go back to see them.  During this time her relationship with the defendant was turbulent and sometimes violent and she became concerned about the safety of her children.  She took court action against him in mainland China and on 27 November 2012, she was awarded custody of the children by The People’s Court of Ziju County, Guangdong Province.

17.In March 2013, Guilian’s husband passed away but she was allowed to remain in the flat at Oi Tung Estate, as the new registered tenant by the Housing Authority.  It was then that the defendant started to pressure Guilian to marry him so that he could obtain Hong Kong residency but she refused.  He came to Hong Kong to visit her and argued with her about not wanting to marry him.  The rows between them resulted in the police being called and he threatened to kill her. He then returned to mainland China but came back occasionally to visit the children.

18.On 29 April, a social worker at the Caritas Integrated Family Service Centre was referred to the case involving Guilian and the defendant by the Family and Child Protective Services Unit of the Social Welfare Department.  It was reported that the defendant was quarrelling with Guilian at her home.  She explained to the social worker that the defendant was pressuring her to get back together with him and she did not want to.  She also explained that she was still emotionally upset over the death of her husband.

19.On 19 July, Guilian return to mainland China to visit her children and her family.  She met up with the defendant and all four returned to Hong Kong in the afternoon of 23 July.

20.On the next day, 24 July, Guilian telephoned her parents and told them that she was having quarrels with the defendant because he was accusing her of having an affair which was not true.  She explained that she was considering calling the police.

21.In her attempt to try to resolve the problem, at about 4 pm that day, Guilian went to see a social worker at the Caritas Centre together with the defendant and her two children.  She was crying and in an emotional state and explained that the defendant was trying to force her to marry him and had threatened to kill her parents if she did not agree.  She said that the defendant did not respect her because he kept checking the contacts on her mobile phone and at one stage removed the sim card from it and put it in his own phone so he could check who was making contact with her.  The social worker spoke to the defendant who said he wanted to marry Guilian so that the family could be reunited.  He admitted that he was checking her phone because he believed that she was seeing another man.  The social worker tried to talk sense to the defendant and requested that he refrain from checking Guilian’s phone and arguing with her.  Eventually, Guilian in a conciliatory gesture said that she would only consider marrying the defendant if he promised to respect her privacy and not check her mobile phone again.  The defendant agreed and the social worker told them to discuss everything calmly and not to resort to violence.  Two days later on 26 July the social worker tried to contact Guilian to arrange a home visit but unfortunately by then the defendant had killed her and their two children.

22.Later on at about 8:22 pm on 24 July, Guilian went to visit a friend, Madam Chen Feng, together with the defendant and her children.  She was close to Madam Chen and she confided in her that the defendant was pressuring her to marry him but she did not want to because he treated her badly.  When they arrived the defendant remained at the doorway while Guilian and the two children went inside.  Madam Chen said that Guilian appeared to have been crying and the children looked frightened.  She asked Madam Chen if there was any way that a person could cease being Hong Kong resident.  She said she intended to return to mainland China and cease being a Hong Kong resident.  It was clearly worrying her that the defendant was only wanting to marry her to obtain Hong Kong residency.  The following day Madam Chen tried to contact her on the telephone but she got no reply.

23.From the CCTV footage of the building where Guilian lived, the four of them are seen returning at about 9:44 pm on 24 July.  None of them are seen leaving the building again.

24.At around 11:30 pm on 24 July, a neighbour of Guilian was awaken when she heard banging sounds which sounded like an object being beaten.  The noise lasted for about five minutes.  She then heard a man’s voice shouting loudly in Mandarin “Get out”.  Afterwards she heard the crying of a boy and a girl which lasted 5 to 10 minutes and then everything went quiet.

25.At around 6 pm on 25 July, occupants of the building noticed the smell of gas.  Technicians were called who identified that the source of the gas leak came from Guilian’s flat.

26.At around 11:50 am on 26 July, firemen broke into Guilian’s flat.  They noticed that the windows were closed and the flat was filled with gas which was coming from the main gas switch which was on.  Police who arrived at the scene found the heavily bloodstained bodies of Guilian and Lun lying on a mattress on the floor of the main room.  There was a bloodstained hammer on the floor near Guilian’s body.  The heavily bloodstained body of Dan was found underneath the bed.  The defendant was found lying unconscious on the bed with blood all over him.  He had a deep cut wound to his left wrist which was self-inflicted and beside him was found a bloodstained chopper.  Beside the defendant was a bloodstained calendar on which he had written: “Since my wife was unfaithful, which forced my whole family to death.  I am taking my kids to die together.  It would only be fine to have my kids together underneath the Earth”.  He went on: “Let me call you Dad and Mum for the last time, OK?  It is (two characters incomprehensible) to leave my kids in this world, so I am taking them all to die together”.  And finally: “because my wife had a bogus marriage, married Lee Wai Tat, now that ZHANG Guilian has got a Hong Kong identity card and jilted me (one character incomprehensible).  The bogus one became real.  Therefore, my whole family is on the way to death”.

27.Guilian, Dan and Lun were all certified dead at the scene.

28.The defendant was taken to hospital for treatment for the deep wound on his left wrist and carbon monoxide poisoning.  It was observed that there was mild erythema over the defendant’s back and a small line lesion on the right side of his scalp.  It did not require treatment and the doctor was unable to tell the age of the lesion or how it had been caused.

29.From the forensic analysis of the crime scene it was estimated that the time of death of the three victims was some time on 25 July.  The flat was small and consisted of one room with a kitchen and bathroom.  There was blood in the room, all over the walls, the furniture, the flooring, the double bed and the bedding.  Blood was also found in the kitchen, on the walls, the metal bench, the washing machine and the floor, and in the bathroom, on the floor, the wash basin and taps, and the entrance to the shower.  From the bloodstained patterns it was discerned that a vicious attack took place in the room first against Guilian and then against the children.

30.It was evident from the forensic analysis that Guilian had been attacked at least once while she was near the TV set and then again at a low level after she had probably fallen on the floor near the wardrobe; Lun had been attacked at a rather low level possibly after he had fallen down from the double bed; and Dan had been attacked with a blow to the head who moved to the floor between the double bed and the wall.  It would appear that the defendant having inflicted on himself the cut wound to his left wrist was bleeding and moving around inside the flat.

31.The forensic pathologist was of the opinion that the overall pattern of injuries was consistent with an assault by someone wielding a hammer.

32.The pathologist was of the opinion that the cause of death of Guilian was a chop wound to the neck after blunt head injuries.  His findings indicated that Guilian was conscious during the attack, at least initially, and the pattern of injuries showed that she had been moving around trying to defend herself.  The estimated number of blows to her head with the hammer were 24 in total.  It resulted in multiple fractures of the skull leading to intra cranial bleeding and causing unconsciousness.  He explained that it could have taken between many minutes to even hours for these injuries to cause sufficient brain swelling resulting in death.  He was the opinion that it was most likely that after the blows to the head, Guilian end up lying unconscious on her back and then the chop wound to her neck was inflicted hastening her death.  The chopped wound had completely severed a major neck artery and vein which would have caused torrential bleeding probably leading to cardiac arrest within minutes.  The absence of carboxyhaemogloin in her blood indicated she had not breathed in carbon monoxide and was already dead by the time the defendant turned on the gas in the room.  Both Dan and Lun had carboxyhaemoglobin in their blood which indicated they were still breathing and as a result suffered with carbon monoxide poisoning.

33.The pathologist was of the opinion that the cause of death of Lun was head injuries and carbon monoxide poisoning.  He was of the opinion that the head injuries he sustained were consistent with hammer blows with a significant amount of force being applied.  He said the pattern of injury to the back of the right hand was compatible with a defensive injuries suggesting that he was conscious and mobile and was not taken completely by surprise at the time of the incident.  Seven‑year‑old Lun appeared to have fought valiantly against his stronger and overpowering father who was wielding a hammer striking him many times.  He had numerous abrasions and lacerations all over his body and in particular to his head.  The presence of carboxyhaemoglobin in his blood indicated that he was still alive and breathing when the defendant turned on the gas.

34.As was the case with Lun, the pathologist was of the opinion that the cause of death of Dan was head injuries and carbon monoxide poisoning.  Similarly eight‑year‑old Dan received numerous injuries to her head consistent with blows from a hammer.  She also had bruises and abrasions on her hands which were consistent with defensive injuries suggesting that she was also conscious and at least partly mobile and was not completely taken by surprise by the defendant’s vicious attack on her.

35.This was a brutal and sustained attack where the defendant systematically savagely beat with a hammer Guilian, Dan and Lun.  They all clearly fought for their lives as they were being bludgeoned around the head and body, trying to ward off the onslaught of blows being administered by the defendant.  Guilian succumbed to the attack by the defendant and as she lay unconscious the defendant then cut her throat with a chopper.  He then turned on the two young children who had no escape from this small room.  He beat them around the head and the body as they tried to defend themselves against him.  As they lay dying he cut his left wrist and turned on the gas in a suicidal attempt.  The photographs of the scene and of the bloodied and beaten bodies of Guilian, Dan and Lun depict unspeakable and incomprehensible violence and suffering to each of them.  This is a horrific and shocking crime involving the murder of Guilian and her two young children that never had a chance and who were beaten to death by their own father.

36.The defendant knew what he was doing which makes this crime all the more inexplicable.  He deliberately took the lives of his children.  He said so in his written confession on the calendar.  The children must have been struck by unimaginable fear as they watched their mother being brutally and callously killed by the defendant who then turned on them inflicting horrific injuries on them with a hammer.  Three innocent lives were lost on 25 July 2013 at the hands of the defendant.  It was a heartless and inhuman crime that defies all human feeling and understanding. 

37.I sentence the defendant to life imprisonment on each count of murder in relation to Guilian, Dan and Lun.

Ms Diane M Crebbin, counsel instructed by the Department of Justice  for the HKSAR

Mr Frederic Whitehouse, counsel instructed by Messrs T.C. Lau & Co., assigned by the Director of Legal Aid, for the defendant