28 -

The Bill will also be amended to include a transitional provision so that it will not apply to criminal proceedings in respect of offences committed before the coming into operation of the enacted Bill. I will move to include a new Clause 25 at the Committee Stage to so provide.

A final amendment relates to the Chinese text of the Bill where a number of drafting improvements are made.

Thank you, Mr President.

End

Mental Health (Amendment) Bill: second reading

Following is the speech by the Secretary for Security, Mr Peter Lai, at the resumption of the second reading debate of the Mental Health (Amendment) Bill 1996 in the Legislative Council today (Wednesday):

Mr President,

The main purpose of this Bill, and its evolution through the Bills Committee are similar to the Criminal Procedure (Amendment) Bill 1996. I shall not go into the details here, but would again like to thank the Bills Committee for their constructive comments.

The Bills Committee has made suggestions to clarify and improve certain aspects of the Bill. The Administration has accepted the Bills Committee's suggestions and proposes to amend the relevant provisions of the Bill accordingly.

The principal amendments in respect of this Bill which I shall propose at the Committee stage include:

(a)

first, to clarify that it would be up to the court or the magistrate to decide whether an order should be made, and the form of such an order, after considering the Director of Social Welfare's advice on the suitability of the order and the availability of a suitable guardian;

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