HKSAR v. WONG MAN FUNG

DCCC19/2011

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 19 OF 2011

———————-

HKSAR
v.
Wong Man-fung

———————-

Before:

H H Judge Browne

Date:

16 February 2011 at 10.20 am

Present:

Ms Monica Chan, PP, of the Department of Justice, for HKSAR
Mr Mak Kin-ming, instructed by Ma Tang & Co., assigned by the Director of Legal Aid, for the Defendant

Offence:

(1) & (3) Possession of imitation firearms (管有仿製火器)
(2) & (4) Possession of an offensive weapon (管有攻擊性武器)

————————–

Reasons for Sentence

————————–

1. The defendant has pleaded guilty to two charges of possession of imitation firearms and two charges of possession of offensive weapons.There are two sets of charges, the offence dates being 29 October and 13 December.

2. He was arrested on 29 October for offences of possession of imitation firearms and possession of an offensive weapon and releasedon bail. And whilst on bail he was arrested on 13 December for identical offences.

3. The facts admitted by the defendant disclose that at 6.20 pm on Friday, 29 October, he was stopped by police officers near a shopon the ground floor of the Yiu On Shopping Centre, Yiu On Estate in Ma On Shan. Inside his rucksack, the police discovered threeair guns which were loaded, a knife 30 centimetres in length with the blade of 14 centimetres, a plastic bag containing some bulletsand a lighter. He was also in possession of five maps.

4. He was arrested and under caution he admitted that he intended to use the equipment to seize and rob elderly persons as he had nomoney. He bought the air guns for $125 and the knife for $35 a few days before the offence. He had searched the internet and drawnmaps to find places suitable for robbing elderly persons. He told the police that he intended to use a gun in each hand and theremaining gun was reserved. And if he had exhausted his supply of bullets, he would use the knife.

5. He was released on bail on 1 November and he was re-arrested on 13 December. But this time he was stopped on the ground floor ofthe Hin Wan House, Hin Keng Estate in Sha Tin. On this occasion he had with him a loaded air gun, a knife 18.5 centimetres in lengthwith the 6-centimetre long blade, a towel that was soaked in thinner, a pair of gloves and 280 plastic bullets.

6. Again he admitted he was in possession of these items with a view to seeking out elderly persons to rob in the park. And he soakedthe towel with thinner intending to cover the mouths of elderly persons.

7. The defendant is 22 years of age and has no previous convictions. He is educated to Form 3 level.

8. Placed before the court have been two psychiatric reports dated 11 February 2011. The psychiatric records reveal that the defendantwas first known to the mental health service and treated for paranoid schizophrenia at Sha Tin Hospital when aged 15 in 2003. Afterhis discharge, he was required to visit the out-patients department for medication but he has defaulted in his follow-up since 2007.

9. The defendant was born in Hong Kong and is the youngest of six siblings. He lives with his family and is largely idle. He hasno history of drug or alcohol abuse.

10. With regard to the offences he told the psychiatrist that he claimed to be driven by voices and they had urged him to buy the airguns in the first place and he found the voices irresistible. The psychiatric examination revealed that the defendant is of to berestricted affect and preoccupied and still reporting auditory hallucinations and he is puzzled at the experience.

11. The opinion of the psychiatrist is that Wong is suffering from mental illness, mainly schizophrenia, and is driven by hallucinatoryvoices. Hospital treatment is indicated given the risk of further unpredictable and inappropriate behaviour. And both psychiatristsurge the court to make an order under section 45 of the Mental Health Ordinance whereby he is committed to Siu Lam Psychiatric Centre for a period of 4 to 6 months.

12. I note that the parents and family of the defendant have attended court today. I have the greatest sympathy with the parents; thismust be a very difficult problem for them to deal with.

13. I am told that the defendant wishes to specialize in being a chef, specializing in Japanese food and that he has a flair with this. And, hopefully, with the treatment he receives whilst at the psychiatric centre and if he follows up with the inevitable out-patienttreatment, these problems will recede and he will be able to pursue his interest in Japanese food.

14. In respect of all the offences commit the defendant to Siu Lam Psychiatric Centre under section 45 of the Mental Health Ordinance for a period of 6 months.

Browne
District Judge