1960-HKRS29-8-27_Part04 — Page 22

Voluntary patients.

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(g) upon the warrant of the Governor in accordance with the ||

provisions of section 55.

30. (1) If a person appears to require treatment in a mental hospital and if he, or in the case of a person under the age of sixteen years, his parent or guardian-

(a) is desirous that such person should receive such treatment; and (b) completes an application in writings and

(c) lodges the application with a medical superintendent, the medical superintendent may admit such person as a voluntary patient.

(2) A voluntary patient-

(a) shall be entitled to leave the mental bospital after the expira- tion of seven days from his, or if he is under the age of sixteen years, his parent or guardian, giving notice in writing; or, in the discretion of the medical superintendent, verbal notice, to the medical superintendent of the intention of the voluntary patient to leave the mental hospital:

Provided that a medical superintendent may in his absolute discretion discharge a voluntary patient at any time within such period of seven days; and

(6) shall leave the mental hospital within seventy two hours after he, or if he is under the age of sixteen years his parent Or guardian, has received from the medical superintendent notice in writing, signed by the medical superintendent, stating that the medical superintendent is satisfied that it is not necessary that the voluntary patient should remain in the mental hospital and that the voluntary patient is required to leave the mental hospital.

(3) A person who became a voluntary patient when be was under the age of sixteen years shall not remain in a mental hospital as § voluntary patient for more than twenty eight days after he has attained the age of sixteen years unless during such period of twenty eight days be shall have completed and lodged with the medical superintendent such application as is referred to in subsection (1).

(4) A medical superintendent may detain in a mental hospital, for observation and treatment, a person who has been admitted as voluntary patient until the expiration of seven days from the time when such notice as is referred to in paragraph (a) of subsection (2) has been given or, in the case of a person who was admitted as a voluntary patient when he was less than sixteen years of age, until the expiration of twenty eight days after the voluntary patient has attained the age of sixteen years.

LI

under obser-

31. (1) Upon the application in the prescribed form of any person Detection (in this section referred to as "The applicant") who has reason to believe of a palical that some other person is a mentally disordered person, any magistrate vation. or justice of the peace may make an order, in the prescribed form, authorizing the removal to a mental hospital, for the purpose of deten- tion and observation as a patient under observation during the period not exceeding seven days from and including the date of the order, of the person alleged to be a mentally disordered person.

(2) Every such order shall have the effect of authorizing the applicant and every public officer with such assistance in each case as may be necessary, to use such reasonable force as may be necessary in order to remove to a mental hospital the person alleged to be a mentally disordered person and if for any reason it is not practicable forthwith to remove such person to a mental hospital to detain him in a place of safety for a period not exceeding forty eight hours.

(3) No magistrate or justice of the peace shall make any such order unless he has satisfied himself that...

(a) the applicant is a relative or the guardian of the person in

question; or

(b) the applicant has informed a relative or the guardian of the

person of his intention to apply for such ander; or

(c) no relative or guardian of the person in question can be found

in the Colony: or

(d) it is impracticable to delay the making of the order until such

relative or guardian can be found.

(4) A medical superintendent may detain in a mental hospital for observation, investigation and treatment any person who is the subject of an order under this section or under section 31.

Lention of #

32. (1) If a patient under observation in a mental hospital has Extension of been examined by two registered medical practitioners, either separately period of de or together, and the two registered medical practitioners are of the patient under opinion that it is necessary that the patient under observation should observation be detained in a mental hospital for a further period for the purpose of observation. investigation and treatment, they may complete a certificate in the prescribed form and forward it to a magistrate.

(2) If a magistrate who has received a certificate in accordance with the provisions of subsection (1) is of the opinion that it is necessary for the person named in the certificate to be detained in a mental hospital for a further period of observation, investigation and treatment he shall countersign the certificate and shall forward it to the medical superintendent of the mental hospital in which the person is detained.