HKSAR v. SZE KA YIM

HCCC 334/2016

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 334 OF 2016

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REASONS FOR SENTENCE

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1.  On 15 October 2015, the defendant in a sustained and frenzied attack, killed his mother. He had returned to the family home in the early hours of the morning on the day in question and an argument ensued with his mother. He picked up a pair of scissors from the kitchen and stabbed her repeatedly all over her body resulting in her death. The autopsy report revealed that the defendant’s mother had sustained 111 stab wounds and 13 cut wounds as well as bruising to her body.

2.  The defendant has a history of mental illness and has been diagnosed as a paranoid schizophrenic.  It is for this reason, supported by psychiatric evidence, that the prosecution have accepted a plea of guilty to manslaughter on the basis of diminished responsibility. 

The defendant’s personal history

3.  The defendant is 42 years of age.  He was born in mainland China where he was educated up to Form 2 level.  He came to Hong Kong at the age of 14 years together with his two elder brothers and mother to join his father who had come to Hong Kong earlier.  The disruption to his schooling meant that he left school at an early age.  He initially worked as a mechanic at the age of 15 for three years and then later helped his father in his tuck shop for 7 years.  His father’s business was not successful and eventually was closed down.  He then worked as a security guard for about 11 months.  Thereafter because of his mental instability, he was unable to obtain employment and became dependent on the Comprehensive Social Security Allowance.  He has been married on two occasions.  The first marriage took place when he was 24 but he divorced about a year later.  From this marriage, he had a son who is now aged 18.  The second marriage took place when he was 27 and lasted about 5 years, resulting in divorce.  From the second marriage, he had a daughter who is now aged 14.  He no longer has contact with his previous wives and his children. 

4.  The defendant’s father died in 2013 and it was about this time that he moved in with his mother in a public housing unit. 

The summary of facts

5.  In the early hours of the morning on 15 October 2015, the defendant arrived at the flat where he lived with his mother.  He woke her up and an argument ensued.  He then went to the kitchen and grabbed a pair of scissors and repeatedly stabbed her. 

6.  Neighbours heard quarrelling and loud noises coming from the flat.  When one of the neighbours investigated the disturbance, he could see the defendant hitting his mother and shouted several times for him to stop.  The defendant said that he had killed his mother and asked him to make a report to the police for him.  This was also heard by another neighbour.  The defendant repeated his statement to the security guards who came to the flat shortly after the incident. 

7.  The defendant admitted to the police that he killed his mother.  He said: “Earlier on, my mother nagged me.  I killed her on impulse on the moment… I stabbed her to death with a pair of scissors.”  He was unable to recall what the dispute was about with his mother. 

The defendant’s psychiatric history

8.  It was around 2001, when the defendant was 26 years old, that he began to display signs of mental illness and at a very early stage, he was diagnosed as suffering from paranoid schizophrenia.  He thereafter was admitted to mental hospitals for psychiatric treatment following outbreaks of aggressive and psychotic behaviour.  He had a persecutory idea towards his elder brothers and father as evidenced by episodes of threats and violence towards them.  He has been regularly seen by psychiatrists and prescribed with appropriate medication which he appeared at the time to take.  He has had suicidal and aggressive ideas throughout this period.  Prior to this offence, he was attending the out-patient clinic at Castle Peak Hospital and on his last visit in August 2015, he had been noted to be stable.  

9.  Psychiatric reports have been submitted from Dr Cheung Hung Kin dated 9 April 2017, Dr Chow Kit Wan Kavin dated 12 September 2017 and Dr Oliver Chan dated 13 September 2017.  They each provide a detailed account of the personal and psychiatric history of the defendant, and they all agreed that the defendant suffers from a psychotic disorder, namely schizophrenia, as well as from active psychotic symptoms where he is capable of causing harm to others and to himself.  Dr Cheung Hung Kin in his report noted the defendant’s propensity for violence and that he had been labelled a target case as a result.  Dr Kavin Chow also noted the defendant’s repeated history of violence and psychiatric admissions, although she noted that he had complied poorly with medication treatment.  She said that the defendant at the time of the offence was actively psychotic.  Dr Oliver Chan noted the defendant’s proneness to act out in an unpredictable and aggressive manner when driven by mental disturbances. 

10.  All three psychiatrists recommend that the defendant be committed to a psychiatric centre under section 45 of the Mental Health Ordinance, Cap 136, for an unspecified period of time.  Dr Chow and Dr Chan specifically recommend that the defendant be committed to the Siu Lam Psychiatric Centre. 

The sentence

11.  Section 45 of the Mental Health Ordinance sets out the requirements and power for a hospital order in respect of mentally disordered offenders.  The purpose of this power is to appropriately deal with and treat a mentally disordered offender by addressing the issue and also ensuring the future protection of the public.  It is therefore important that an hospital order specifies whether the offender should be committed to a psychiatric centre or a mental hospital and whether that should be for a determinate or indeterminate period.  It is for this reason that such an order must be supported by medical evidence from two medical practitioners, one of which under section 46 is required to be a medical officer.

12.  From the information at hand, I am of the view, that the defendant has a serious mental disorder and poses as a grave threat to members of the public.  He has engaged in acts of violence in the past that has led the relevant medical authorities to classify him as a target person, that is, a potentially violent case.  Unfortunately, the defendant’s proneness to violence has resulted in the death of his mother.  His long history of aggressive and violent behaviour warrants that the hospital order be for an indeterminate period.  This is supported by the psychiatric evidence.

13.  In accordance with section 45, having been satisfied that the requirements have been met or fulfilled, I order that the defendant be committed to a Correctional Services Department Psychiatric Centre for an indeterminate period, pursuant to section 45 of the Mental Health Ordinance.  The recommendation of the two government psychiatrists is that the defendant be committed to the Siu Lam Psychiatric Centre.