TNAG-1804-FCO40-2564-Hong-Kong-health-services-various-ordinances-1988 — Page 2

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The power to discharge a patient is reformulated to take account of the other amendments to the Ordinance

(section 14).

Patients who have a medical history of criminal violence or a disposition to commit such violence may be discharged conditionally and recalled or called to a mental hospital if they do not comply with the conditions and it is in their, or the public interest, that they are so recalled or called (section 14).

The provisions as to detention and recapture are reformulated (section 14).

Courts are given a power in dealing with minor cases involving mentally disordered persons to authorize detention in a mental hospital without the restrictions on discharge etc. otherwise imposed on criminal patients (section 15).

Where a criminal mental patient has been detained in the Correctional Services Department Psychiatric Centre and his mental state is such that it is thought he should remain there at the end of his sentence, the Director of Medical and Health Services may apply to the High Court for a hospital order authorizing the further detention of the prisoner where this is justified both by reason of the nature and degree of the mental disorder and in the interests of the protection of the public (section 18).

Magistrates are given the power to remand an accused in custody for observation, investigation and treatment after conviction for an imprisonable offence (section 19).

The Governor is given power to remove a prisoner from the Correctional Services Department Psychiatric Centre to a mental hospital (section 21).

A Mental Health Review Tribunal is created with a legally experienced chairman, and members drawn from the medical profession and from the social services or from persons having other suitable experience. This tribunal will review the case of a patient on the application of the patient or his relative or at the instance of the Governor. If the right of a patient or his relative to apply to the tribunal is not exercised the medical superintendent must apply within 12 months of the time when the right first became available. Upon a review the tribunal's power s include the powers to direct that a patient discharged. Procedural rules may be made (section 23).

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The provisions making it an offence to have sexual intercourse with a patient are revised and the penalty is increased ( (sections 24 and 25).