HKSAR v. WANG ZHEJUN

HCCC159/2008

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO. 159 OF 2008

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HKSAR

v.

Wang Zhejun

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Before: Hon McMahon, J

Date: 24 March 2009 at 10.27 am

Present:

Ms D M Crebbin, SPP of the Department of Justice, for HKSAR
Mr Michael John Bruce Arthur, instructed by Messrs S Y Chu & Co., assigned by the Director of Legal Aid, for the Accused

Offence: Murder (謀殺)

Transcript of the Audio Recording
of theOrder in the above case

COURT: The accused in this case has been found not guilty of the murder of his mother due to insanity.

The facts of the case, as must have been accepted by the jury, are quite straightforward. He chopped his mother to death ina quite brutal killing, but at the time of doing so was suffering from a very severe form of paranoid schizophrenia, whichled him to believe that his mother was a Japanese spy who intended to kill him.

For the purposes of considering any order under s.76(2)(a) of the Criminal Procedure Ordinance, I have been provided with two further psychiatric reports from Professor Dominic Lee and Professor Felice Lieh Mak, both of whomgave evidence at the trial. Each of those reports are to the effect that an order should be made under the provisions of s.76(2)(a) of the Criminal Procedure Ordinance and that the order should be for an indeterminate period.

I am satisfied that such an order is appropriate, both for the welfare of the accused and also for the protection of other personsin Hong Kong. I am satisfied also on the basis of those reports that the order should be for an indeterminate period.

Accordingly, I order that the accused be admitted to the Correctional Services Department psychiatric centre, and that that admissionbe for an indeterminate period. The Order is made pursuant to Schedule 4 of the Ordinance.