TNAG-1733-FCO40-2446-Minutes-and-Hansards-of-the-Legislative-Council-of-Hong-Kong-1988 — Page 115

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a person who appears to be in immediate need of care and control being found in his own abode, entry into his premises by the police should be made in the presence of a medical practitioner with years' experience in psychiatric service, a social worker or a community psychiatric nurse. Furthermore, the police officer exercising the power ought to be an inspector in rank, in order to safeguard against the subjective

and untrained reactions on the part of a police constable to a complicated situations

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Still on the question of objective assessment, the social work circle demurs to the provision for the Director of

Social Welfare to act as the applicant for guardianship as well as the interim guardian for mental patients. While acknowledging the explanation given by the Administration, object to the "judge and jury" principle and prefer a second opinion to be given by the District Court to the obstrusive guardianship initiated and granted by the Director of Social Welfare. There are adequate legislative precedents, such as the Guardianship of Minors Ordinance, which empower the fourt to approve guardianship applications. The pistrict Court,

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being the approving authority, can always conduct special hearings for these guardianship cases which are seldom a matter

of urgency.

Indeed, we need to be convinced why the District Court cannot approve guardianship for mental patients. ensure that justice is seen to be done, it is also recommended that the two medical practitioners making the application for guardianship should represent different institutions.

Sir, I wish to elaborate on institutionalisation for

mental patients, which somehow strikes me as the essence of the

Bill. While appreciating the intention of the law drafters to

protect the public from dangerous behaviours of mentally diordered persons, it must be stressed that most psychiatric patients do not require hospitalisation. From the social work point of view, attempts to segregate them from the community will only result in isolation which hampers social

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