NG TING KA v. THE QUEEN

CACC000887/1980

 

IN THE SUPREME COURT
	Criminal Appeal
	1980, No. 887

 

BETWEEN
	NG TING KA	Appellant
	and
	THE QUEEN	Respondent

Coram: Barker, J.

Date of Judgment: 6th March, 1981.

 

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JUDGMENT

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1. In this case the learned magistrate sentenced Ng Ting Ka to two years' imprisonment on the 1st October 1980. It was clear that the learned magistrate was worried about the case because when the Appellant first appeared before him he noted that the Appellant behaved in an apparently mentally disorderly manner and therefore very properly adjourned the matter for a psychiatric report to be obtained as to his fitness to plead. That report was obtained; it was quite a short one. The doctor at that stage was of the view that this man despite a past history of Schizophrenia was at the material time probably in possession of a sane mind and fit to plead at the time he appeared in court. And it is clear that the Appellant did go into a bank and grabbed hold of a person in the bank and threatened her with the intention of robbing her. When he was asked whether he had anything to say in mitigation he said: "I don't need to plead for leniency but I want to explain the case. The Government owe me money and they own Hong Kong Bank."

2. Perhaps not unnaturally further inquiries were made about this man's mental state and there are now before me reports from two other psychiatrists, two reports which have been obtained by the prosecution from Dr. Cheung and one which has been obtained by the Defence from Dr. Cantlay. It is quite clear from those reports, first that this man is severely mentally disturbed and secondly that he requires treatment in a psychiatric hospital. I want to make it clear that the course which I am about to adopt involves no possible criticism of the learned magistrate who on the information then before him acted with complete propriety and fairness. But I am satisfied in accordance with section 45 of the Mental Health Ordinance that this man who was charged with an offence punishable on summary conviction by imprisonment did the act which was alleged against him. I am further satisfied on the written evidence of the two medical practitioners to whom I have referred that the Appellant is a mentally disordered person and I am further satisfied having regard to all the circumstances that the proper course to take is to quash the conviction and to make a hospital order under section 45 and I make that order without any limitation as to time and I order that the Appellant be treated in the Siu Lam Psychiatric Centre where he has been and I profoundly hope that treatment will alleviate his problems.

3. Miss Remedios who has appeared on behalf of the Appellant did make an application for costs but that is an application to which I did not accede as she is legally aided and it did not seem to me in the circumstances to be of any point to make an order as between two Government departments.

 

Representation:

Miss C. Remedios (D.L.A.) for Appellant

T. Freeman for Crown/Respondent