TNAG-1829-FCO40-2597-Hong-Kong-Interpretation-and-General-Clauses-(Amendment)-Ord-1988 — Page 20

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Ord. No. 46/88

Amendment of section 36.

8.

MENTAL HEALTH (AMENDMENT)

that person has personally seen the patient within the period of 14 days ending immediately prior to the date of applica-

tion.".

Section 36 of the principal Ordinance is amended—

(a) by deleting subsection (1) and substituting the following-

"(1) If-

(a) a patient liable to be detained in a mental hospital (otherwise than under this section) or in the Correc- tional Services Department Psychiatric Centre; or

(b) a voluntary patient in a mental hospital,

has been examined by 2 registered medical practitioners either separately or together and the 2 registered medical practitioners are of the opinion that--

(i) the patient is suffering from mental illness, amount- ing to mental disorder of a nature or degree which makes it appropriate for him to receive medical treatment in hospital; and

(ii) it is necessary for the health or safety of the patient or for the protection of other persons that he should receive such treatment and it cannot be provided unless he is detained under this section,

they may complete a certificate in the prescribed form and forward it to a District Judge.";

(b) in subsection (2)——

(i) by deleting "of the opinion that the person named in the certificate is a mentally disordered person" and substituting the following-

"satisfied that the certificate referred to in subsection (1) is in order and there are no grounds for rejecting it";

(ii) in the proviso by deleting paragraph (b); (c) by inserting after subsection (3) the following-

(Cap. 221.)

"(4) The procedures described in subsections (1) and (2) may be undertaken notwithstanding that the patient is detained under a hospital order or because he has been sentenced to imprisonment or is detained by an order of a court, but where the patient is detained under a hospital order or because he has been sentenced to imprisonment-

(a) such procedures shall not be commenced more than 30 days before the date when he would, in the absence of such procedures, be released from deten- tion; and

(b) the provisions of Part IV or, where the Criminal Procedure Ordinance applies, that Ordinance, shall continue to apply to that patient until that date, and nothing done under this section shall have the effect of varying any order of a court.

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