TNAG-1829-FCO40-2597-Hong-Kong-Interpretation-and-General-Clauses-(Amendment)-Ord-1988 — Page 23

Detention and recapture.

MENTAL HEALTH (AMENDMENT)

Ord. No. 46/88

A215

recall the patient to the mental hospital and, upon the giving of the notice to the patient, or at such subsequent time as may be stated in the notice, the patient may be detained and section 43(5) shall apply accordingly.

(4) Any conditionally discharged patient recalled to a mental hospital under subsection (3) shall, upon admission to that hospital, be deemed to have been detained therein under section 31 and, for the purposes of that section, the patient shall be deemed to have been detained in that hospital in pursuance of an order under section 31(1B) made at the time of admission.

(5) The medical superintendent may at any time by notice in writing to the conditionally discharged patient vary the conditions of his discharge.

(6) This section shall apply to a person who is admitted to the Correctional Services Department Psychiatric Centre in pursuance of a hospital order with the following modifica- tions-

(a) references in subsections (1) and (2) to the medical superintendent shall be construed as references to the Commissioner of Correctional Services and references to the exercise of the medical super- intendent's powers under section 42A as references to any power vested in the Commissioner to dis- charge a person from the Centre;

(b) references to an order of discharge shall be con- strued as references to an order of discharge by the Commissioner of Correctional Services with the consent of the Governor given under section. 47(1A)(b);

(c) references in subsections (3), (4) and (5) to the medical superintendent shall be construed as refer- ences to a medical officer authorized for the pur- poses of those subsections in writing by the Director of Medical and Health Services; and

(d) references in subsection (3) or (4) to recall to a mental hospital shall be construed as references to call to a mental hospital specified by such medical officer in the notice given under subsection (3),

and the power to discharge the patient at any time subsequent to the making of the order of conditional discharge may be exercised by that medical officer who shall have, in that respect, the power of a medical superintendent under section 42A.

43. (1) Every patient received into a mental hospital under the authority of this Ordinance may, subject to this Ordinance, be detained therein until he is removed or dis- charged in accordance with this Ordinance.

(2) Where a patient who is for the time being liable to be detained in a mental hospital under this Ordinance escapes, he may, subject to the provisions of this section, be taken into