TNAG-1733-FCO40-2446-Minutes-and-Hansards-of-the-Legislative-Council-of-Hong-Kong-1988 — Page 122

subsidiary

legislation in stipulating in the requisite

prescribed form that the doctor concerned shall inform the

patient of his right to be brought before a judge or

magistrate.. But this is not enough, for such a proposal is

not likely to be effective because the patient may be a

mentally retarded person or indeed he may even be insane;

it would then be pointless for the doctor to put such a

question to him. As an additional safeguard and in order

to make the present proposal meaningful, I would suggest

that the relevant question be only put to the patient in

the presence of a

of a relative or if such relative cannot be

found (for example as in the case of a street sleeper),

And then this be

then in the presence of a social worker.

catered for in the prescribed form. Sir, my proposal will

not only ensure that the right to 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

there be a subsequent dispute that the question has not

been asked of the patient.

+