Elderly man sentenced to eight weeks for cruelty to birds

An 87-year-old retired man, Fung Chung-lin, was sentenced to eight weeks in prison for cruelly torturing two birds to death last year at a service facility in Tsz Wan Shan's Tsz Lok Estate Ancillary Facilities Building.

The case was heard at the Kowloon City Magistrates' Courts where the acting chief magistrate, Peony Wong Nga-yan, considered the defendant's psychological and psychiatric reports before delivering the sentence.

Individuals with cognitive impairment can still be sentenced to prison, says magistrate

During the court proceedings, it was revealed that Fung might suffer from early-stage cognitive impairment, which could have impaired his decision-making and problem-solving abilities, potentially contributing to his violent tendencies.

Despite this, Wong emphasized the severity of the case, noting the brutal manner in which the birds were treated and the unnecessary suffering they endured.

Despite the defense's plea for a probation order, citing potential worsening of Fung's medical condition and the possibility of reducing reoffense with social work or counseling intervention.

The magistrate believed that even though the defendant suffers from early-stage cognitive impairment, a custodial sentence can still be imposed. However, considering the defendant's age, illness, and confession, the final sentence was set at eight weeks' imprisonment.

The incident occurred on September 7, 2024, when Fung captured two birds that had flown into the communal kitchen of the facility. He repeatedly jabbed the birds' heads with the wooden handle of a kitchen cleaning brush. A resident who witnessed the act reported it to the building's supervisor, who confronted Fung and discovered the dead birds in a plastic bag.

Admitted anger towards birds led to their death

Upon police investigation, Fung admitted to killing the birds with the cleaning brush, claiming that the birds had dirtied the kitchen and provoked him by flying around.

He acknowledged his dislike for birds and their impact on cleanliness. Fung confessed to repeatedly jabbing the birds' heads and then striking them multiple times to ensure they were dead before disposing of their bodies in a trash bin. 

The birds were identified as a spotted dove and a red-whiskered bulbul.