TNAG-1804-FCO40-2564-Hong-Kong-health-services-various-ordinances-1988 — Page 247

MENTAL HEALTH (AMENDMENT)

Ord. No. 46/88

A207

(x) by deleting the definition of "temporary patient”;

(xi) by deleting the definition of "tribunal" and substituting the following

"tribunal" means the Mental Health Review Tribunal estab-

lished under section 59A;";

(c) by inserting after subsection (1) the following-

3.

"(2) of the medical opinions given for the purposes of sections 32, 33 and 36, at least one shall be given by a practitioner approved for the purposes of this section by the Director of Medical and Health Services as having special experience in the diagnosis or treatment of mental disorder.

(3) In deducing relationships for the purposes of this section, any relationship of the half-blood shall be treated as a relationship of the whole blood, an illegitimate person shall be treated as the legitimate child of his mother, and an adopted child as a child of the adopting parent.

(4) Any function vested in the Director of Social Wel- fare by this Ordinance may be exercised on his behalf by any public officer authorized in that behalf by the Director of Social Welfare.

(5) Nothing in subsection (1) shall be construed as im- plying that a person may be dealt with under this Ordinance as suffering from mental disorder, or from any form of men- tal disorder described in that subsection, by reason only of promiscuity or other immoral conduct, sexual deviancy or dependence on alcohol or drugs.".

Section 5(2) of the principal Ordinance is amended by deleting Amendment of from "and the application” to “during that period”.

4. Section 29 of the principal Ordinance is repealed.

5.

Section 31 of the principal Ordinance is amended-- (a) by deleting subsection (1) and substituting the following-

"(I) An application may be made to a District Judge or magistrate for an order for the detention of a patient for observation on the grounds that the patient-

(a) is suffering from mental disorder of a nature or degree which warrants his detention in a mental hospital for observation (or for observation fol- lowed by medical treatment) for at least a limited period; and

(b) ought to be so detained in the interests of his own. health or safety or with a view to the protection of other persons.

(1A) An application for an order for the detention of a patient for observation shall be founded on the written opinion in the prescribed form of a registered medical practi- tioner who has examined the patient within the previous 7 days, which opinion shall include-

section 5.

Repeal of section 29.

Amendment of section 31.