|
FAMC No. 38 of 2009
IN THE COURT OF FINAL APPEAL OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
MISCELLANEOUS PROCEEDINGS NO. 38 OF 2009 (CRIMINAL)
(ON APPLICATION FOR LEAVE TO APPEAL
FROM CACC NO. 149 OF 2008)
----------------------
Between:
| |
NG MEI LAN (吳美蘭) |
Applicant |
| |
- and - |
|
| |
HONG KONG SPECIAL ADMINISTRATIVE REGION |
Respondent |
----------------------
|
Appeal Committee:
|
Mr Justice Bokhary PJ, Mr Justice Chan PJ and Mr Justice Ribeiro PJ
|
|
Date of Hearing:
|
18 June 2009
|
|
Date of Determination:
|
18 June 2009
|
------------------------------------------------------
D E T E R M I N A T I O N
----------------------------------------------------
Mr Justice Chan PJ:
1. The applicant, who was indicted for manslaughter and arson, was determined by a jury empanelled for such determination pursuant to s.75(4) of the Criminal Procedure Ordinance, Cap.221 to be unfit to be tried. Then, pursuant to s.75A(1)(b) of the Ordinance, at a separate hearing but before the same jury, she was found to have committed the acts constituting the two offences and was ordered by the judge to be detained in a psychiatric centre.
2. In seeking leave to appeal to the Court of Final Appeal, her counsel submits that the second determination should have been made by another jury. Whether this is correct turns on a construction of sections 75 and 75A.
3. In our view, the Court of Appeal was clearly right in their construction of these two provisions: it was for the same jury to make this second determination after they had found the applicant unfit to be tried. It is not reasonably arguable to the contrary. The application is dismissed.
(Kemal Bokhary)
Permanent Judge |
(Patrick Chan)
Permanent Judge |
(R A V Ribeiro)
Permanent Judge |
Mr Selwyn So (instructed by Messrs Jimmie K S Wong & Partners and assigned by the Legal Aid Department) for the applicant
Mr John Reading SC (of the Department of Justice) for the respondent
|