TNAG-1804-FCO40-2564-Hong-Kong-health-services-various-ordinances-1988 — Page 254

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Ord. No. 46/88

Conditional discharge of patients with propensity to violence.

MENTAL HEALTH (AMENDMENT)

for discharge" in this section and section 42B, but subject to subsection (6) of that section).

(2) An order for discharge may be made in respect of a patient-

(a) where the patient is liable to be detained in a mental

hospital, by the medical superintendent;

(b) where the patient is subject to guardianship, by the

Director of Social Welfare.

42B. (1) Where---

(a) it appears to the medical superintendent that a patient has a medical history of criminal violence or a disposition to commit such violence; but (b) the medical superintendent is of the opinion that the patient may safely be discharged subject to condi- tions to be specified in an order for discharge,

the medical superintendent may, in the exercise of his powers under section 42A, but subject to any restriction on such power imposed by any provision of Part IV, make an order for discharge subject to compliance by the patient discharged (in this section and section 43 called "the conditionally discharged patient") with conditions.

(2) Without prejudice to the power of the medical superintendent in the exercise of his powers under subsec- tion (1) to impose such conditions as he thinks fit on an order for discharge, being conditions reasonable in the cir- cumstances, such conditions may require the conditionally discharged patient-

(a) to reside at a place specified by the medical superin-

tendent;

(b) to attend at an out-patient department of a hospital or at a clinic specified by the medical superintendent; (c) to take medication as prescribed by a medical prac-

titioner; or

(d) to be under the supervision of the Director of Social

Welfare.

(3) In any case where—

(a) it appears to a medical superintendent that a condi- tionally discharged patient has failed to comply with any condition to which his order for discharge is subject; and

(b) the medical superintendent is of the opinion that it is necessary in the interests of the patient's health or safety, or for the protection of other persons, to recall the patient to a mental hospital,

the medical superintendent may, by notice in writing in the prescribed form to the conditionally discharged patient or to the person in charge of the conditionally discharged patient,