HKSAR v. CHAN CHI WAI

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

(Appellate Jurisdiction)

MAGISTRACY APPEAL NO. 88 OF 1998

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J U D G M E N T

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1. The Appellant appeals against a Hospital Order of 4 months imposed on him in respect of two counts of Assaulting Occasioning Actual Bodily Harm. The Appellant had made an unprovoked attack on a married couple whom he met in a park. The first victim was punched on the face, the second was kicked and punched on the chest. The victims were treated and discharged.

2. On arrest and caution the Appellant denied the offence and claimed that the married couple had tried to murder him. The Appellant was represented at trial. The brief facts were admitted through the Duty Lawyer under Section 65(c) of the Criminal Procedure Ordinance, Cap. 221. The Magistrate obtained two psychiatric reports and followed the recommendations in those reports in imposing the Hospital Order.

3. On the date of appeal the Appellant appeared and advised the court that he still wished to appeal against the Hospital Order. However, on enquiry, it appeared that his real concern was that there should be no criminal conviction recorded against him. The Magistrate had dealt with the case without proceeding to a conviction in respect of either charge and accordingly I was able to reassure the Appellant that there were no criminal convictions against him for these two offences.

4. I also explained to the Appellant why the Hospital Order had been made, although the Magistrate had already done that at the time of the hearing. The Appellant, reassured that he had no convictions against him, then abandoned the appeal against sentence. I formally dismiss the appeal against sentence.