DRAFT SPEECH BY DR HON HO

KÁM

LEGISLATIVE COUNCIL

KAM FAI, OBE,

22.6.1988

JP

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DR. HO:

Sir,

Mental Health (Amendment) Bill 1987

The amendments embodied in this Bill are to improve the provisions in the existing Mental Health Ordinance, Chapte

which have become inadequate due to changes in

· rehabilitation concepts and social attitudes towards the mentally disordered. The proposed amendments take into account the arguments advanced by different groups interested in the subject of mental illness and represent well balanced considerations. For example, the medical emphasis in the treatment and care of the mentally disordered is delicately weighed against the legalistic emphasis; the human rights of the individual against the protection of the general public; and the need for therapy and care of the mentally sick persons

who often lack insight into their illness against the respect

for their personal liberties.

I shall address myself to three aspects of the Bill

which have caused concern to the community of Hong Kong. They

are the definition of mentally handicapped, the role of the police and the mental health review tribunal.

Mental disorder is defined in Clause 2 of the Bill, among other things, as arrested or incomplete development of mind, including mental impairment. Representatives of organizations working with the mentally handicapped have argued that only a small proportion of the mentally handicapped population is afflicted with mental impairment which is associated with aggressive or irresponsible conduct.

They have submitted that the condition of the mentally handicapped is normally not amenable to treatment and what they require are care and training. Therefore, they have suggested that the

(I)

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