HKSAR v. WONG PAT TAT

HCCC 168/2012

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 168 OF 2012

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HKSAR
v
Wong Pat-tat
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Before: DHCJ Wright

Date: 10 January 2013 at 10.06 am

Present: Mr Richard Wong, on fiat, for HKSAR
Mr Michael Arthur, instructed by Peter K H Wong & Co, for the accused

Offence: Murder (謀殺)

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Transcript of the Audio Recording
of the Sentence in the above Case

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COURT: You have now been convicted, on the basis of your own plea and a series of medical reports placed before me from differentpsychiatrists, of a single charge of manslaughter, the basis that the prosecution accepted that plea being one of diminished responsibility.

The opinion of the psychiatrists is unanimous that at the time you committed this offence you were suffering from paranoid schizophrenia,and that you continue to have problems, including multiple delusions, even at this stage.

It is quite clear from the psychiatric reports, as well as from the tragic events on the day in question themselves, that you arein need of assistance with your psychiatric issues. That is, of course, going to be of small consolation to any of those affectedby this event, but it is a matter that does explain why you behaved in the manner in which you did.

Fortunately, I am empowered under the Mental Health Ordinance to make an order that you be confined to a designated institution for treatment. I am empowered both to make an order for a stipulatedperiod as well as for an indefinite period.

It obviously is preferable that your progress in any treatment be monitored, and that you be detained until such time as those withexpertise in the field of psychiatry are satisfied that it is in your interests, as well as the interests of the community, thatyou no longer need to be detained.

The psychiatrists are in agreement that it should be an open‑ended order, an indefinite period, and that seems to me to be the appropriatecourse to follow in the present circumstances.

I am satisfied that the provisions of the Mental Health Ordinance empowering me to make an order in these terms have now been fulfilled, and consequently, the order that I make here is that you bedetained at Siu Lam Psychiatric Centre for an unspecified period of time.