HKSAR v. ZHANG QING
- Citation
- HKSAR v. ZHANG QING
- Status
- Judgment
- Jurisdiction
- Hong Kong
- Court
- Court of First Instance
- Decision
- 13 February 2007
- Posture
- Magistracy Appeal (criminal) / Judgment on Appeal (court of First Instance)
- Case number
- HCMA73/2007
- Language
- English
More details
- Court
- Court of First Instance
- Decision
- 13 February 2007
- Posture
- Magistracy Appeal (criminal) / Judgment on Appeal (court of First Instance)
- Case number
- HCMA73/2007
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The magistrate properly accepted the psychiatric evidence that the appellant suffers from schizophrenia and that a three‑month hospital order under s.45 Cap.136 was the appropriate and effective disposal; absent any arguable basis to reduce severity, the appellate court confirmed the order and dismissed the appeal.
Court disposition
Appeal dismissed; magistrate's order confirmed.
Orders
- Appeal dismissed.
- Three months' hospitalisation order under s.45 Mental Health Ordinance (Cap.136) confirmed.
- Magistrate's decision not to record a conviction upheld.
02
Material facts
Parties
Zhang Qing
Appellant Counsel: Mr Alan Ng, instructed by M/s M L Tam & Co, on the instructions of the Director of Legal AidHKSAR
Respondent Counsel: Ms Christal Chan, Senior Government Counsel, Department of JusticeAmounts and remedies
- Hospital Order Duration Months: 3
03
Procedural history
Posture
Magistracy Appeal (criminal) / Judgment on Appeal (court of First Instance)
04
Questions and positions
Legal issues
- 01
Whether the magistrate's hospital order under s.45 Mental Health Ordinance was appropriate
- 02
Whether the order was excessive
- 03
Whether a conviction should be recorded
Party arguments
- Applicant
- Appellant argued the hospital order of three months was too severe.
- Respondent
- Respondent supported the magistrate's order as appropriate on the basis of two psychiatric reports recommending a three‑month hospital order; appellant's counsel accepted he could not advance any argument against it.
05
Court’s reasoning
Legal principles
- 01
Mental Health Ordinance, Cap.136 s.45
Court may make a hospital order instead of recording a conviction where mental disorder renders such disposal appropriate
- 02
Statute and established judicial practice
Court may rely on psychiatric reports in determining appropriate disposal of an accused with mental illness
06
Ratio, limits and disposition
Ratio decidendi
The magistrate properly accepted the psychiatric evidence that the appellant suffers from schizophrenia and that a three‑month hospital order under s.45 Cap.136 was the appropriate and effective disposal; absent any arguable basis to reduce severity, the appellate court confirmed the order and dismissed the appeal.
Court disposition
Appeal dismissed; magistrate's order confirmed.
- Appeal dismissed.
- Three months' hospitalisation order under s.45 Mental Health Ordinance (Cap.136) confirmed.
- Magistrate's decision not to record a conviction upheld.
Source and reliance status
Court of First Instance · 13 February 2007
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Court of First Instance
Judgment· 13 February 2007
bjbj HCMA 73/2007
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE MAGISTRACY APPEAL NO. 73 OF 2007 ____
HKSAR and ZHANG Qing ____ Before: Hon Wright, J., in Court Date of Hearing: 13 February 2007 Date of Judgment: 13 February 2007 ___
JUDGMENT ___ The appellant was charged with a single charge of theft. A summary of facts was agreed by the appellant and admitted in evidence. She gave no evidence and called no witnesses. The magistrate recorded that he was satisfied that she had committed the act set out in the charge but without recording a conviction against her. He called for two psychiatric reports. Each of the authors of those reports expressed the opinion that the appellant is suffering from schizophrenia marked by hallucinations and bizarre delusions. Each recommended that she be made subject for a period of three months to a hospital order pursuant to s. 45 of the Mental Health Ordinance, Cap.
136. The magistrate correctly accepted that that was the appropriate manner of dealing with the appellant. The appellant appeals the order which the magistrate made on the grounds that it is too severe. Mr. Ng, who appears today for the appellant, sensibly accepts that he is unable to advance any argument on her behalf. That order is the only sensible and effective way of disposing of this matter. Consequently the order is confirmed and the appeal dismissed. (A R WRIGHT) Judge of the Court of First Instance High Court Ms Christal Chan, Senior Government Counsel of the Department of Justice, for the HKSAR Mr Alan Ng, instructed by M/s M L Tam & Co, on the instructions of the Director of Legal Aid, for the appellant.
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