1964_MENTAL_HEALTH_ORDINANCE — Page 18

HK Historical Laws 香港歷史法例 All AI Reviewed

1989 Ed.]

Mental Health

[CAP. 136

17

(4) A medical superintendent may detain in a mental hospital for observation, investigation and treatment any person who is the subject of an order under this section or under section 32.

32. Extension of period of detention

of a patient under observation

(1) If a patient under observation 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 it is necessary that the patient under observation should be detained in a mental hospital for a further period for the purpose of observation, investigation and treatment, they may complete a certificate in the prescribed form and forward it to a District Judge. (Amended 35 of 1969 s. 2)

(2) If a District Judge who has received a certificate in accordance with the provisions of subsection (1) is of the opinion that it is necessary for the person named in the certificate to be detained in a mental hospital for a further period of observation, investigation and treatment, he shall countersign the certificate and shall forward it to the medical superintendent of the mental hospital in which the person is detained. (Amended 35 of 1969 s. 2)

(3) Only one extension of not more than 21 days shall be made in accordance with this section to any order made in accordance with section 31. (Amended 46 of 1988 s. 6)

(4) Subject to section 36, no person shall be detained in a mental hospital after the expiration of the period of any order made in accordance with section 31 and of any extension thereto made in accordance with this section unless he has become a voluntary patient. (Amended 46 of 1988 s. 6)

33. Application for guardianship

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

(2) A guardianship application may be made in respect of a patient on the grounds that-

(a) he is suffering from mental disorder of a nature or degree which warrants his reception into guardianship under this section; and

(b) it is necessary in the interests of the welfare of the patient or for the protection of other persons that the patient should be so received.

(3) A guardianship application shall be founded on the written opinions in the prescribed form of 2 registered medical practitioners, and each opinion shall include-

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1989 Ed.] Mental Health [CAP. 136 17 (4) A medical superintendent may detain in a mental hospital for observation, investigation and treatment any person who is the subject of an order under this section or under section 32. 32. Extension of period of detention of a patient under observation (1) If a patient under observation 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 it is necessary that the patient under observation should be detained in a mental hospital for a further period for the purpose of observation, investigation and treatment, they may complete a certificate in the prescribed form and forward it to a District Judge. (Amended 35 of 1969 s. 2) (2) If a District Judge who has received a certificate in accordance with the provisions of subsection (1) is of the opinion that it is necessary for the person named in the certificate to be detained in a mental hospital for a further period of observation, investigation and treatment, he shall countersign the certificate and shall forward it to the medical superintendent of the mental hospital in which the person is detained. (Amended 35 of 1969 s. 2) (3) Only one extension of not more than 21 days shall be made in accordance with this section to any order made in accordance with section 31. (Amended 46 of 1988 s. 6) (4) Subject to section 36, no person shall be detained in a mental hospital after the expiration of the period of any order made in accordance with section 31 and of any extension thereto made in accordance with this section unless he has become a voluntary patient. (Amended 46 of 1988 s. 6) 33. Application for guardianship (1) A patient who has attained the age of 18 years may be received into guardianship in pursuance of an application (in this Part referred to as "a guardianship application") made to the Director of Social Welfare in accordance with this section. (2) A guardianship application may be made in respect of a patient on the grounds that- (a) he is suffering from mental disorder of a nature or degree which warrants his reception into guardianship under this section; and (b) it is necessary in the interests of the welfare of the patient or for the protection of other persons that the patient should be so received. (3) A guardianship application shall be founded on the written opinions in the prescribed form of 2 registered medical practitioners, and each opinion shall include-
Baseline (Original)
1989 Ed.] Mental Health [CAP. 136 17 (4) A medical superintendent may detain in a mental hospital for observation, investigation and treatment any person who is the subject of an order under this section or under section 32. 32. Extension of period of detention of a patient under observation (1) If a patient under observation 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 it is necessary that the patient under observation should be detained in a mental hospital for a further period for the purpose of observation, investigation and treatment, they may complete a certificate in the prescribed form and forward it to a District Judge. (Amended 35 of 1969 s. 2) (2) If a District Judge who has received a certificate in accordance with the provisions of subsection (1) is of the opinion that it is necessary for the person named in the certificate to be detained in a mental hospital for a further period of observation, investigation and treatment, he shall countersign the certificate and shall forward it to the medical superintendent of the mental hospital in which the person is detained. (Amended 35 of 1969 s. 2) (3) Only one extension of not more than 21 days shall be made in accordance with this section to any order made in accordance with sec- tion 31. (Amended 46 of 1988 s. 6) (4) Subject to section 36, no person shall be detained in a mental hospital after the expiration of the period of any order made in accordance with section 31 and of any extension thereto made in accordance with this section unless he has become a voluntary patient. (Amended 46 of 1988 s. 6) 33. Application for guardianship (1) A patient who has attained the age of 18 years may be received into guardianship in pursuance of an application (in this Part referred to as "a guardianship application") made to the Director of Social Welfare in accordance with this section. (2) A guardianship application may be made in respect of a patient on the grounds that- (a) he is suffering from mental disorder of a nature or degree which warrants his reception into guardianship under this section; and (b) it is necessary in the interests of the welfare of the patient or for the protection of other persons that the patient should be so received. (3) A guardianship application shall be founded on the written opinions in the prescribed form of 2 registered medical practitioners, and each opinion shall include- 1
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1989 Ed.]

Mental Health

[CAP. 136

17

(4) A medical superintendent may detain in a mental hospital for observation, investigation and treatment any person who is the subject of an order under this section or under section 32.

32. Extension of period of detention

of a patient under observation

(1) If a patient under observation 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 it is necessary that the patient under observation should be detained in a mental hospital for a further period for the purpose of observation, investigation and treatment, they may complete a certificate in the prescribed form and forward it to a District Judge. (Amended 35 of 1969 s. 2)

(2) If a District Judge who has received a certificate in accordance with the provisions of subsection (1) is of the opinion that it is necessary for the person named in the certificate to be detained in a mental hospital for a further period of observation, investigation and treatment, he shall countersign the certificate and shall forward it to the medical superintendent of the mental hospital in which the person is detained. (Amended 35 of 1969 s. 2)

(3) Only one extension of not more than 21 days shall be made in accordance with this section to any order made in accordance with sec- tion 31. (Amended 46 of 1988 s. 6)

(4) Subject to section 36, no person shall be detained in a mental hospital after the expiration of the period of any order made in accordance with section 31 and of any extension thereto made in accordance with this section unless he has become a voluntary patient. (Amended 46 of 1988 s. 6)

33. Application for guardianship

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

(2) A guardianship application may be made in respect of a patient on the grounds that-

(a) he is suffering from mental disorder of a nature or degree which

warrants his reception into guardianship under this section; and (b) it is necessary in the interests of the welfare of the patient or for the protection of other persons that the patient should be so received.

(3) A guardianship application shall be founded on the written opinions in the prescribed form of 2 registered medical practitioners, and each opinion shall include-

1

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