TNAG-1829-FCO40-2597-Hong-Kong-Interpretation-and-General-Clauses-(Amendment)-Ord-1988 — Page 31

MENTAL HEALTH (AMENDMENT)

Ord. No. 46/88

A223

(a) direct that a patient be discharged, and where it does so the patient shall be discharged in accordance with its direction; and

(b) make such recommendations in the matter as it thinks fit including recommendations to the Gover- nor and to any public officer as to the exercise of their powers under this or any other Ordinance.

(2) In the exercise of its powers under subsection (1)(a), the tribunal shall direct that a patient be discharged, either absolutely or subject to the imposition of conditions under section 42B, if it is satisfied-

(a) that he is not then suffering from mental disorder of a nature or degree which makes it appropriate for him to be liable to be detained in a mental hospital for medical treatment; or

(b) that it is not necessary for the health or safety of the patient or for the protection of other persons that he should be so detained to receive such treatment.

(3) In determining whether to direct the discharge of a patient, the tribunal shall have regard

(a) to the likelihood of medical treatment alleviating or preventing a deterioration of the patient's condi- tion; and

(b) to the likelihood of the patient, if discharged, being able to care for himself, to obtain the care he needs or to guard himself against serious exploitation.

(4) The tribunal may under subsection (1) direct the discharge of a patient on a future date specified in the direction; and where the tribunal does not direct the discharge of a patient under that subsection the tribunal may—

(a) with a view of facilitating his discharge on a future date, recommend that he be granted leave of absence or transferred to another mental hospital or into guardianship; and

(b) further consider his case in the event of any such

recommendation not being complied with.

(5) Where application is made to the tribunal by or in respect of a patient who is subject to guardianship under this Ordinance, the tribunal may in any case direct that the patient be discharged, and shall so direct if it is satisfied-

(a) that he is not then suffering from mental disorder; or

(b) that it is not necessary in the interests of the welfare of the patient, or for the protection of other persons, that the patient should remain under such guardian- ship.