XN000022-1988-06-22 — Page 21

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WEDNESDAY, JUNE 22, 1988

THE IN-HOUSE MEETING, AFTER FURTHER DELIBERATION, SUBSEQUENTLY AGREED THAT BEARING IN MIND POSSIBLE PRACTICAL DIFFICULTIES WHICH THE ADMINISTRATION WOULD HAVE TO SORT OUT, THE AD HOC GROUP'S RECOMMENDATION THAT A PERSON SUSPECTED TO BE A MENTAL PATIENT SHOULD BE GIVEN THE RIGHT TO BE HEARD BEFORE BEING DETAINED IN A MENTAL HOSPITAL SHOULD BE SUPPORTED IN PRINCIPLE.

"I HAVE CONSULTED THE BAR COMMITTEE FURTHER ON THIS

POINT AND I AM STILL OF THE VIEW THAT THIS IS NOT A SATISFACTORY COMPROMISE BECAUSE IT IS TANTAMOUNT TO DISCRIMINATING AGAINST A CLASS OF PEOPLE WHO ARE THOUGHT TO BE SUFFERING FROM MENTAL DISORDER, SO THAT THE PRINCIPLE THAT NO PERSON BE DEPRIVED OF HIS LIBERTY UNLESS BY A COURT ORDER WILL NOT APPLY TO THEM, EVEN THOUGH THIS PRINCIPLE APPLIES TO ALL PEOPLE ALLEGED TO HAVE COMMITTED SERIOUS CRIMINAL OFFENCES LIKE MURDER OR RAPE, MR LEE SAID.

HE SAID HE UNDERSTOOD THAT THE GOVERNMENT WOULD PROVIDE A SAFEGUARD BY WAY OF SUBSIDIARY LEGISLATION IN STIPULATING IN THE REQUISITE PRESCRIBED FORM THAT THE DOCTOR SHALL INFORM THE PATIENT OF HIS RIGHT TO BE BROUGHT BEFORE A JUDGE OR MAGISTRATE.

HE SAID THAT SUCH A PROPOSAL WAS NOT LIKELY TO BE EFFECTIVE BECAUSE THE PATIENT MIGHT BE A MENTALLY RETARDED PERSON OR INDEED, MIGHT EVEN BE INSANE. IT WOULD THEN BE POINTLESS FOR THE DOCTOR то PUT SUCH A QUESTION TO HIM.

AS AN ADDITIONAL SAFEGUARD AND IN ORDER TO MAKE THE PRESENT COMPROMISED PROPOSAL WORKABLE AND MEANINGFUL, HE SUGGESTED THAT THE QUESTION BE ONLY PUT TO A PATIENT IN THE PRESENCE OF A RELATIVE, OR IF SUCH A RELATIVE COULD NOT BE FOUND THEN IN THE PRESENCE OF A SOCIAL WORKER.

"MY PROPOSAL WILL NOT ONLY ENSURE THAT THE RIGHT ΤΟ BE HEARD CAN BE SAFEGUARDED IN THE INTEREST OF THE PATIENT, BUT IT WILL ALSO AFFORD PROTECTION TO THE DOCTOR CONCERNED BECAUSE HE WILL HAVE A WITNESS WHO IS OF SOUND MIND TO BACK HIM UP, IF NECESSARY INDEED PUT THE QUESTION ΤΟ THE PATIENT, IN CASE SUBSEQUENTLY, HE SAID.

+

THAT HE HAS OF A DISPUTE

ΤΟ

THE BILL MIND THAT

MR LEE SAID HE DECIDED TO GIVE QUALIFIED SUPPORT INSTEAD OF VOTING AGAINST IT BECAUSE HE HAD BORNE IN OVERALL THIS WAS A VERY USEFUL PIECE OF LEGISLATION FOR HONG KONG AND THAT IT HAD TAKEN MUCH TIME AND TROUBLE TO REACH THIS STAGE.

FINALLY, HE POINTED OUT THAT WHEN THE BILL WAS PASSED INTO LAW, A POLICE OFFICER MIGHT NOT BE ABLE TO ENTER THE PREMISES OF A PERSON LAWFULLY IN ORDER TO STOP HIM FROM COMMITTING SUICIDE INSIDE HIS FLAT, IF THAT PERSON HAPPENED TO BE ALONE AND WOULD NOT INVITE POLICE INSIDE.

OWN

THE

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