TNAG-1781-FCO40-2541-Employment-in-Hong-Kong-various-ordinances-1988 — Page 158

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MENTAL HEALTH (AMENDMENT)

(5) This section-

Ord. No. 46/88

A213

(a) applies to a patient who suffers from mental illness.

or psychopathic disorder; and

(b) applies to a patient other than a patient referred to in paragraph (a) only where the 2 medical practi- tioners referred to in subsection (1) are, in addition to being of the opinion described in that subsection, also of the opinion that the patient is abnormally aggressive or that his conduct is seriously irrespon- sible.".

9. Section 37 of the principal Ordinance is repealed.

Repeal of section 37.

10. Section 38 of the principal Ordinance is amended by deleting "or Amendment of temporary patient”.

11. Section 39 of the principal Ordinance is amended- (a) in subsection (1) by deleting “", a temporary patient”; (b) by deleting subsection (3) and substituting the following —

"(3) In any case where a patient is absent from a mental hospital in accordance with this section, the medical superin- tendent may, subject to subsection (5), by notice in writing in the prescribed form to the patient or to the person for the time being in charge of the patient, revoke the permission to be absent and recall the patient to the mental hospital if he is of the opinion that it is necessary so to do in the interests of the patient's health or safety or for the protection of other persons.";

(c) in subsection (4) by deleting "or if the patient does not return to the mental hospital within 28 days of the expiry of the period of absence";

(d) by inserting after subsection (4) the following---

"(5) A patient who has been permitted to be absent from a mental hospital in accordance with the provisions of this section shall not be recalled under subsection (3) after he has ceased to be liable to be detained under this Ordinance.".

12. Sections 40 and 41 of the principal Ordinance are repealed.

section 38.

Amendment of section 39.

Repeal of sections 40 and 41.

13. Section 42 of the principal Ordinance is amended by deleting Amendment of subsection (2).

section 42.

14. Section 43 of the principal Ordinance is repealed and replaced by Repeal and the following-

"Discharge of patient.

42A. (1) Subject to section 42B a patient who is for the time being liable to be detained or subject to guardianship shall cease to be so liable or subject if there is made in accordance with this section an order in writing discharging him from detention or guardianship (referred to as an "order

replacement of section 43.