Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Mental capacity to plead
  • 13 Jan 2006

    HKSAR v. PANG CHUNG WAH

    Citation
    HKSAR v. PANG CHUNG WAH
    Court
    Court of First Instance
    Case number
    HCMA1086/2005

    The convictions and original hospital order were quashed because the appellant lacked the requisite mental capacity at the time of the plea and because Charge 1 was not made out owing to an agreement to delay payment; the court nonetheless had power under s.45 to make a new hospital order for Charge 2 as the act was proved and conditions were met, but limited the order to a short period given clinical improvement.