A HCCC54/2010 A
IN THE HIGH COURT OF THE
B HONG KONG SPECIAL ADMINISTRATIVE REGION B
COURT OF FIRST INSTANCE
CRIMINAL CASE NO. 54 OF 2010
C C
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D HKSAR D
v
E E
Chan Ping Kuen
F F
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G Before: Hon McMahon J G
Date: 23 April 2010 at 3.13 pm
Present: Mr Vincent Wong, SPP of the Department of Justice, for
H HKSAR H
Mr Hanif Mohamed Mughal, instructed by Li
I
& Partners, assigned by the Director of Legal I
Aid, for the Accused
Offence: Wounding with intent (意圖傷人)
J J
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Transcript of the Audio Recording
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of the Sentence in the above Case
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COURT: The 77-year-old defendant pleaded guilty to an offence of
wounding with intent to do grievous bodily harm, contrary to
M section 17(a) of the Offences against the Person Ordinance, M
following his committal to this court for sentence pursuant
to section 81(b) of the Magistrates Ordinance.
N N
The facts of the offence were that the defendant and the
O 87-year-old victim were neighbours at a block of flats in an O
estate at Kwai Tsing. The defendant’s wife on occasions
would go to the victim’s premises to collect old newspapers,
P which she would then sell. P
The defendant became suspicious of the relationship between
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his wife and the victim, and on one occasion accused the
victim of having an affair with his wife. Some months
R later, when the victim returned home to his flat, the R
defendant ran up to him from behind and shouted words to the
effect he would chop the victim to death.
S S
The defendant then chopped the victim with some form of
T
melon knife. The attack was sustained and savage. The T
victim suffered multiple wounds over his body.
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CRT35/23.4.2010/KS 1 HCCC54/2010/Sentence
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A Another neighbour saw the attack, and called the police. A
The police arrived at the scene, and the victim was taken to
Princess Margaret Hospital.
B B
He was found to have suffered multiple chop wounds over his
scalp, left eye, both upper limbs, and over his superficial
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abdominal wall. Subsequently, the victim’s injuries were
operated upon. Those operations included a right hand
D neurovascular and tendon repair with fifth finger D
amputation; left hand tendon and nerve repair; the suturing
of a scalp wound; and the repair of his left eye for scleral
E laceration and a ruptured eyeball. E
At the time of sentencing, the victim has apparently
F F
suffered permanent deterioration of the eyesight in his left
eye and continuing numbness and weakness in his right hand.
G G
The police, while at the scene, had located the defendant
nearby. He admitted to them that the motive for the attack
H was his suspicion that his wife and the victim were having H
an affair, and that he had armed himself with the knife and
I
waited for the victim to return home, intending to chop him I
and teach him a lesson.
J This was a serious attack, and in the normal course of J
events would warrant a deterrent sentence regardless of the
defendant’s age.
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However, I have been presented with two psychiatric reports
L by visiting psychiatrists to Siu Lam Psychiatric Centre. L
The doctors, Dr W K Choi and Dr S H Lui, agree that the
defendant suffers from a persistent psychotic delusional
M disorder marked by a fixed and unshakable belief that his M
wife was having an affair with the victim. Dr Choi is of
the view that the defendant has a high propensity for
N violence. N
O Both agree a period of 6 months’ in-patient treatment O
pursuant to an order under section 45 of the Mental Health
Ordinance is appropriate.
P P
Considering all the circumstances of this case, including
the matters set out in section 45(1)(c) of the Mental Health
Q Q
Ordinance, I agree with their views, and I would add that in
the event that that period of treatment is insufficient and
R the defendant remains a risk to any individual or the R
public, then the avenue provided by section 36 of the
ordinance is available to allow further psychiatric
S treatment of the defendant whilst he is detained in a mental S
hospital.
T T
Accordingly, pursuant to the terms of section 45(1) of the
Mental Health Ordinance, I order the defendant be admitted
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CRT35/23.4.2010/KS 2 HCCC54/2010/Sentence
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A to and detained in the Siu Lam Psychiatric Centre for a A
period of 6 months.
B B
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CRT35/23.4.2010/KS 3 HCCC54/2010/Sentence
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