TNAG-1733-FCO40-2446-Minutes-and-Hansards-of-the-Legislative-Council-of-Hong-Kong-1988 — Page 101

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appropriate to spell out clearly the extent of powers and duties of a police officer in relation to the handling of suspected non-offender mentally disordered persons in legislation.

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People also worry that a police officer may have power to enter private premises to arrest suspected mentally sick persons. Section 718 does not give a police officer such power. He can enter private premises only by invitation or in

or common law power. pursuance of some statutory duties Only the owner of the premises or a tenant over the age of discretion has the right to invite. The reason why the provision of this section is not restricted to public places is to enable a mental patient or a non-offender mental patient who is incapable of recognizing his need for medical and psychiatric treatments to receive early

care and treatment in his own interest or for the protection of

others.

I must emphatically point out that Section 71B does

not provide a police officer with greater power than the existing Ordinance. It gives statutory powers to a police officer to enable him to take the suspected mental patient directly to the hospital rather than to the police station.

Public fears have been expressed that detention in a

mental hospital for a prolonged period might be used as a ready excuse to deny a person of his civil liberties. Clause 22 of the Bill provides for a new Part IV A of the Ordinance which establishes a Mental Health Review Tribunal,

Tribunal, an important

safeguard against infringement of civil liberties. The

le ibunal is empowered to review cases automatically or by

application in relation to detention, conditional discharge, absence on trial and guardianship. Under the existing law, certified mental patients have very limited avenues of appeal against their continued detention. Non-offender patients

cannot appeal on their own whereas offender patients can. The

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