RESTRICTED 內部文件

For discussion

on 18 February 1986

XCR (86) 30 Copy No..

MEMORANDUM FOR EXECUTIVE COUNCIL

32

MKCK 250/

RECEIVED IN REGISTRY

20 FEB 1986

DESK OFFICER

INDEX

PA..

RECISTRY

leuon faken

A

B

Mental Health Ordinance (Chapter 136)

APPEAL UNDER SECTION 50 AGAINST THE CONTINUANCE OF A HOSPITAL ORDER DETAINING MR NG TING-KA IN SIU LAM PSYCHIATRIC CENTRE

Introduction

The purpose of this memorandum is to

to seek Members' advice on

Health an appeal under section 50 of the Mental Ordinance (Chapter 136) against the continuance of a hospitali order detaining Mr NG Ting-ka in Siu Lam Psychiatric Centre.

2

The Attorney General's Chambers advised that this petition (copy at Annex A) should proceed as an appeal to the Governor in Council under section 50 of the Mental Health Ordinance and it was accordingly referred to the Hospital Order Appeal Tribunal, the findings of which are attached at, Annex B.

Background

3

Lam

The petitioner, Mr NG Ting-ka, a Chinese male aged 36, was convicted in 1979 of obtaining a pecuniary advantage by deception. He was then diagnosed as suffering from schizophrenia and was ordered to be detained in Siu Psychiatric Centre for a period of three months under section 45(1) of the Mental Health Ordinance. On release, he attended follow-up treatment at the Yaumati Psychiatric Centre and was admitted to Castle Peak Hospital from 3 - 15 July 1980 because of a deterioration of his mental condition.

Lup

On 1 October 1980, the petitioner was convicted of assault with intent to rob. He was sentenced to two years imprisonment and was admitted to Siu Lam Psychiatric Centre in view of his psychiatric history. On 15 October 1980, he lodged an appeal against his conviction. On 6 March 1981, his appeal was allowed with conviction quashed and instead he was ordered to be detained in Siu Lam Psychiatric Centre under a hospital order for an unspecified period in accordance with section 45 (1) of the Mental Health Ordinance.

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