TNAG-1804-FCO40-2564-Hong-Kong-health-services-various-ordinances-1988 — Page 256

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Ord. No. 46/88

MENTAL HEALTH (AMENDMENT)

custody and returned to the mental hospital by the medicar superintendent, any officer or servant of such hospital, any person authorized by the medical superintendent or any police officer.

(3) Where a person who is for the time being liable to be detained under this Ordinance—

(a) fails to return to the mental hospital on any occa- sion on which, or at the expiration of any period for which, permission to be absent was granted under section 39, or upon being recalled under that section; or

(b) absents himself without permission from any place where he is required to reside in accordance with conditions imposed on the grant of leave of absence under that section,

he may, subject to this section, be taken into custody and returned to the mental hospital by the medical superinten- dent, any officer or servant of such hospital, or any person authorized by the medical superintendent.

(4) Where a patient who is for the time being subject to guardianship under this Part absents himself without the leave of the guardian from the place where he is required by the guardian to reside, he may, subject to this section, be taken into custody and returned to that place by the guardian or by the Director of Social Welfare.

(5) Where a conditionally discharged patient-

(a) fails to return to the mental hospital upon being recalled under section 42B(3) or called there under section 42B(6)(d); or

(b) absents himself without permission from any place where he is required to reside in accordance with conditions imposed on his discharge under section 42B,

he may be taken into custody and returned to the mental hospital by the medical superintendent, or any officer or servant of the hospital, or any other person authorized by the medical superintendent:

Provided that where section 42B(6) applies references in this section to the medical superintendent shall be construed as referring to the medical superintendent of the mental hospital specified in the notice given under section 42B(3).

(6) A patient shall not be taken into custody under this section after the expiration of 28 days beginning with the first day of his absence without leave, or, in the case of a failure to return to a mental hospital, the day on which the obligation to return arose, and a patient who has not returned or been taken into custody under this section within that period shall cease to be liable to be detained or subject to guardianship, as the case may be, at the expiration of that period:

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