TNAG-1829-FCO40-2597-Hong-Kong-Interpretation-and-General-Clauses-(Amendment)-Ord-1988 — Page 28

A220

Amendment of section 59.

Addition of new Part IVA.

Ord. No. 46/88

MENTAL HEALTH (AMENDMENT)

22. Section 59 of the principal Ordinance is amended--

(a) by deleting "or who was admitted to a mental hospital by an order made under the Criminal Procedure Ordinance" and substituting the following-

"authorizing his detention for a specified period";

(b) by deleting "or while the order made under the Criminal Pro-

cedure Ordinance is in force, as the case may be".

23. The principal Ordinance is amended by adding after Part IV the following-

Mental Health Review Tribunal.

"PART IVA

MENTAL HEALTH REVIEW TRIBUNAL

59A. (1) There shall be a tribunal known as the Mental Health Review Tribunal for the purpose of dealing with applications and references by and in respect of patients under this Ordinance.

(2) The tribunal shall consist of—

(a) a chairman appointed by the Governor and having such legal experience as the Governor considers suitable;

(b) persons (referred to in this Part as "the medical members") being registered medical practitioners appointed by the Governor on the recommendation of the Director of Medical and Health Services; (c) persons (referred to in this Part as "the social work members") appointed by the Governor who have such experience and knowledge of social work as the Governor considers suitable; and

(d) persons appointed by the Governor and having such experience and knowledge of administration, clinical psychology, or such other qualifications or experience, as the Governor considers suitable.

(3) The members of the tribunal shall hold and vacate office under the terms of the instrument under which they are appointed, but may resign office by notice in writing to the Governor.

(4) Any member of the tribunal who ceases to hold office shall be eligible for re-appointment.

(5) Subject to the rules referred to in section 59G, the members who are, with the chairman, to exercise the func- tions of the tribunal for the purposes of any proceedings or class or group of proceedings under this Ordinance shall be appointed by the chairman, and of the members so appointed-

(a) one or more shall be appointed from the medical

members;

(b) one or more shall be appointed from the social work

members; and