TNAG-1829-FCO40-2597-Hong-Kong-Interpretation-and-General-Clauses-(Amendment)-Ord-1988 — Page 16

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Ord. No. 46/88

MENTAL HEALTH (AMENDMENT)

(a) a statement that in the opinion of the practitioner the conditions set out in subsection (1) are satisfied; (b) such particulars as may be prescribed of the grounds for that opinion so far as it relates to the conditions set out in subsection (1)(a); and

(c) a statement of the reasons for that opinion so far as it relates to the conditions set out in subsection (1)(b).

(1B) Upon receipt of an application under subsec- tion (1) the District Judge or magistrate may make an order in the prescribed form authorizing the removal of the patient to a mental hospital for the purpose of detention and observation during the period not exceeding 7 days from and including the date of the order.";

(b) in subsection (2)—

(i) by deleting "person alleged to be a mentally disordered person" and substituting the following-

"patient";

(ii) by deleting "such person" and substituting the following-

"him";

(c) by deleting subsection (3) and substituting the following---

Amendment of section 32.

6.

Repeal and

replacement of sections 33, 34 and 35.

"(3) Where the patient has requested to see the District Judge or magistrate before such Judge or magistrate deter- mines whether or not to make an order under subsection (1B)-

(a) the District Judge or magistrate shall not make the

order until he has seen the patient; and

(b) a certificate by the registered medical practitioner who furnished the opinion for the purposes of sub- section (1A) as to whether or not the patient has made such a request shall be sufficient evidence of the fact thereof.".

Section 32 of the principal Ordinance is amended—

(a) in subsection (3) by deleting "Not more than 2 extensions of not

more than 7 days each" and substituting the following-

"Only one extension of not more than 21 days";

(b) in subsection (4)—

7.

(i) by deleting "No" and substituting the following-

"Subject to section 36, no”;

(ii) by deleting "a temporary patient or".

Sections 33, 34 and 35 of the principal Ordinance are repealed and replaced by the following-

"Application for guardianship.

33. (1) A patient who has attained the age of 18 years may be received into guardianship in pursuance of an applica- tion (in this Part referred to as "a guardianship application") made to the Director of Social Welfare in accordance with this section.

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