HKSAR v. WONG KAM CHAU

HCMA 80/2001

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MAGISTRACY APPEAL NO. 80 OF 2001

(ON APPEAL FROM NKCC 7709/2000)

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J U D G M E N T

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1. This Appellant pleaded guilty in the Magistracy to one charge of Theft, the theft being of a bottle of orange juice from a convenience store.

2. The Appellant pleaded guilty to the offence. The Magistrate adjourned sentence to obtain a background report on the Appellant's circumstances and he also asked for the preparation of 2 psychiatric reports. Probation was not recommended. The Appellant's record shows that he breached a Probation Order in 1998 and for that breach a 3-month Hospital Order was imposed.

3. The psychiatric reports note that the Appellant had a poor understanding of his mental illness, which was diagnosed as schizophrenia. Although he had been offered treatment, he did not comply with treatment or attend appointments and failed to take medication. The doctors were of the view that the Appellant's condition required in-patient treatment and recommended a Hospital Order of 3 to 4 months in one case and 4 months in another.

4. The Magistrate considered all the reports, the Appellant's plea of guilty, and the mitigation put forward by his lawyer, as well as the circumstances of the offence, which was a minor theft. The Magistrate was satisfied that the Appellant needed psychiatric treatment and also that the offence of which he was convicted was related to his psychiatric illness.

5. For those reasons, the Magistrate ordered the admission of the Appellant to Siu Lam Psychiatric Centre for a period of 4 months under a Hospital Order.

6. The Appellant said today that he stole the bottle of juice out of momentary greed and asked to be dealt with leniently.

7. I am satisfied having seen the reports and noted the facts of the case that the Magistrate acted correctly in making a Hospital Order. Accordingly, this appeal against sentence is dismissed.