XN000022-1986-06-26 — Page 16

THURSDAY, JUNE 26, 1986

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MENTAL HEALTH AMENDMENTS ENDORSED BY COMMITTEE

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THE PROPOSED LEGISLATIVE AMENDMENTS TO THE MENTAL HEALTH ORDINANCE WERE TODAY (THURSDAY) DISCUSSED AND ENDORSED BY THE MEDICAL DEVELOPMENT ADVISORY COMMITTEE (MDAC) WHEN IT MET FOR THE LAST TIME IN THE CURRENT LEGISLATIVE SESSION.

MEMBERS OF THE COMMITTEE, WHICH IS CHAIRED BY DR HARRY FANG, WERE ASKED TO GIVE THEIR VIEWS ON THE DRAFT LEGISLATION WHICH IS SCHEDULED TO BE INTRODUCED INTO THE LEGISLATIVE COUNCIL IN ITS NEXT SESSION,

THE PROPOSED LEGISLATION FOLLOWED RECOMMENDATIONS MADE BY THE WORKING GROUP ON EX-MENTAL PATIENTS WITH A HISTORY OF CRIMINAL VIOLENCE OR ASSESSED DISPOSITION TO VIOLENCE. THE WORKING GROUP WAS APPOINTED IN JUNE 1982 BY THE GOVERNMENT.

THE REPORT CONTAINING THE RECOMMENDATIONS OF THE WORKING GROUP WAS PUBLISHED IN 1983 AND WAS SUPPORTED IN GENERAL BY BOTH THE MDAC AND THE REHABILITATION DEVELOPMENT CO-ORDINATING COMMITTEF

THE DRAFT LEGISLATION NOT ONLY REFLECTS THE RECOMMENDATIONS OF THE WORKING GROUP BUT ALSO PROVIDES FOR THE GUARDIANSHIP OF MENTALLY-ILL AND MENTALLY HANDICAPPED PERSONS OVER 18 YEARS, AS WELL AS DEALING WITH OTHER, MINOR MATTERS.

ONE OF THE PROPOSED AMENDMENTS PROVIDES THAT, WHERE A PATIENT HAS A HISTORY OF CRIMINAL VIOLENCE OR A DISPOSITION TO SUCH VIOLENCE, BUT THE MEDICAL SUPERINTENDENT OF A MENTAL HOSPITAL IS OF THE OPINION THAT HE MAY BE SAFELY DISCHARGED SUBJECT TO CONDITIONS, HE MAY CONDITIONALLY DISCHARGE THE PATIENT.

THE CONDITIONS FOR DISCHARGE MAY INCLUDE A REQUIREMENT TO RESIDE IN A SPECIFIED PLACE, FOR EXAMPLE A COMMUNITY THERAPEUTIC CENTRE- TO ATTEND AT AN OUT-PATIENT CLINIC, TO TAKE PRESCRIBED MEDICINE, OR TO BE SUPERVISED BY THE DIRECTOR OF SOCIAL WELFARE.

THERE IS ALSO PROVISION FOR THE RECALL OF A PATIENT WHO FAILS TO COMPLY WITH THE CONDITIONS OF HIS DISCHARGE AND FOR THE CONDITIONS OF A PATIENT'S DISCHARGE TO BE VARIED BY A MEDICAL SUPERINTENDENT OF A MENTAL HOSPITAL.

THE DRAFT LEGISLATION ALSO PROPOSES THE CREATION OF A MENTAL HEALTH REVIEW TRIBUNAL WITH A LAWYER AS CHAIRMAN AND MEMBERS DRAWN FROM THE MEDICAL PROFESSION AND THE SOCIAL SERVICES FIELD OR HAVING OTHER SUITABLE QUALIFICATIONS.

THE TRIBUNAL WILL BE EMPOWERED TO REVIEW THE CASE OF A PATIENT LIABLE TO DETENTION IN A MENTAL HOSPITAL OR THE SIU LAM PSYCHIATRIC CENTRE OR SUBJECT TO GUARDIANSHIP, ON THE APPLICATION OF THE PATIENT OR HIS RELATIVE OR AT THE INSTANCE OF THE GOVERNOR.

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