HKSAR v. LAI LAI WAH

HCMA 825/2000

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MAGISTRACY APPEAL NO. 825 OF 2000

(ON APPEAL FROM SPMP 14/2000)

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J U D G M E N T

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1. The police applied under section 61 of the Magistrates Ordinance, Cap. 227, for an order that this appellant be bound over to keep the peace and be of good behaviour. After a fairly lengthy hearing, the Magistrate made an order binding the appellant over in the sum of $2,000 to keep the peace and be of good behaviour for 1 year.

2. The allegation against the appellant was of fighting in a public place. Her evidence was that she had acted in self-defence. As to the appellant's reliability or otherwise, what the Magistrate said in his Statement of Findings includes this:

"My view of the appellant was that her testimony was not reliable. It was not because I thought her a dishonest witness. On the contrary she impressed me to be sincere. I was sure however, taking into account her demeanour and the content of her testimony, that she was suffering from a persecutory delusion which made her evidence unreliable. She claimed that PW1 and DW3 were part of a malevolent organisation, perhaps a religious group, set on doing malicious things to her. She testified that DW3 had encouraged PW1 to assault her and even told others not to interfere with the fighting women. I rejected this testimony."

3. Looking at the papers, I find no indication that the appellant or the solicitor defending her at the trial were given any notice that the Magistrate might find against her on the basis that she was suffering from a "persecutory delusion".

4. I do not regard the binding over order to be safe or satisfactory. I allow this appeal to set it aside.