1989 Ed.]
Mental Health
[CAP. 136
23
(5) A patient who has been permitted to be absent from a mental hospital in accordance with the provisions of this section shall not be recalled under subsection (3) after he has ceased to be liable to be detained under this Ordinance. (Added 46 of 1988 s. 11)
40-41. (Repealed 46 of 1988 s. 12)
42. Discharge of patient before recovery
(1) Where on behalf of a patient including a voluntary patient a relative or friend of the patient makes application in writing in the prescribed form to the medical superintendent-
(a) stating the relationship or connection of the applicant with the patient;
(b) requesting that the patient may be delivered over to the applicant; and
(c) undertaking that the patient will receive proper care and will be prevented from doing injury to himself or to others and, in the case of an application by a person other than the person on whose application the patient was admitted to a mental hospital, satisfies the medical superintendent that before he made the application he served on such person notice of his intention so to do,
the medical superintendent shall within 48 hours of the receipt of the application either
(i) discharge the patient to the applicant notwithstanding that the patient is still a mentally disordered person; or
(ii) give to the applicant a certificate in the prescribed form stating that he refuses to discharge the patient on the ground that-
(A) he is satisfied that the patient is dangerous or otherwise unfit to be at large; or
(B) he is not satisfied that the patient will receive proper care.
(2) (Repealed 46 of 1988 s. 13)
42A. Discharge of patient
(1) Subject to section 42B a patient who is for the time being liable to be detained or subject to guardianship shall cease to be so liable or subject if there is made in accordance with this section an order in writing discharging him from detention or guardianship (referred to as an “order for discharge” in this section and section 42B, but subject to subsection (6) of that section).
(2) An order for discharge may be made in respect of a patient-