HKSAR v. FONG KAM LOI

HCMA 802/2008

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MAGISTRACY APPEAL NO. 802 OF 2008

(ON APPEAL FROM STCC 5545/2008)

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REASONS FOR JUDGMENT

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1.  In this case the Appellant on 11^th August 2008 pleaded guilty before a Magistrate sitting in Shatin to a single count of Common Assault, contrary to Common Law and s. 40 of the Offences Against the Person Ordinance, Chapter 212 Laws of Hong Kong, the facts being that in the heat of a domestic dispute with his wife, the Appellant who had consumed alcohol slapped her face three times.

2.  In view of the history of this Appellant which included the fact that he had 6 previous convictions for violence since 2004 and was at the time the subject of a 2 months’ sentence of imprisonment suspended for 2 years, the learned Magistrate after obtaining 2 psychiatric reports on the Appellant, made the Appellant the subject of a hospital order for 12 months pursuant to s. 45 of the Mental Health Ordinance.

3.  In making this order the learned Magistrate was mindful of the findings of both psychiatrists in that the Appellant suffered from alcohol dependence syndrome, delusional disorder with morbid jealousy and that when the Appellant drinks alcohol he has a high propensity for violence to others especially his wife.  The learned Magistrate further took account of the recommendations of both psychiatrists that in-patient treatment in a secure setting was considered to be necessary for a period between 9-12 months.

4.  No grounds of appeal have been filed save the general ground that the sentence was too severe.

5.  There is no merit on this appeal.  I dismiss the application and confirm the sentence.  In doing so I note particularly that in October 2007 the Appellant was made the subject of a hospital order for 6 months for a similar offence.