TNAG-1733-FCO40-2446-Minutes-and-Hansards-of-the-Legislative-Council-of-Hong-Kong-1988 — Page 102

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proposed Tribunal is authorized to deal with all appeals lodged with it and is also empowered to discharge patients absolutely

or conditionally.

Given the wide powers to decide on the justification

of the patient's need for detention, the proper operation and composition of the Tribunal are vital. The operation is governed by a set of rules formulated by the Chief Justice

under Section 59G. These rules will be subsidiary legislation and thus subject to the supervisory jurisdiction of the Legislative Council under Section 34 of the Interpretation and

General Clauses Ordinance.

To make informed decisions relating to conditional

discharge, absence on trial and guardianship, information about the patient's personal, social and family background in addition to medical assessment is indispensable. I am glad to

say that the Administration has conceded to include a social worker as a member of the Tribunal. The input of a social worker will be of immense value to making decisions on the

rehabilitation and aftercare of the patient outside the mental hospital and to minimizing the rate of relapse as a result of social hardship and stresses associated with living in the

community.

No doubt, the amendments proposed in the Bill are great improvements over the current Mental Health Ordinance.

cap. the new Bill, if enacted, will be able to provide better

treatment and care for individual mental patients while their personal liberties are more properly safeguarded. Meanwhile, the public will be appropriately protected from the threats of the mentally disordered persons. Needless to say, the successful implementation of the Bill is contingent upon the

speedy availability of the various categories of trained

psychiatric manpower and community support facilities, both of which are very much in short supply.