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)
Coram: Hon V. Bokhary J in Court
Date of Hearing: 21 November 2000
Date of Judgment: 21 November 2000
J U D G M E N T
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 tothe appellant’s reliability or otherwise, what the Magistrate said in his Statement of Findings includes this:
3. Looking at the papers, I find no indication that the appellant or the solicitor defending her at the trial were given any noticethat 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.
Mr W S Cheung, DPGC of the Department of Justice, for the Respondent
Appellant in person