1964_MENTAL_HEALTH_ORDINANCE — Page 22

1989 Ed.]

Mental Health

[CAP. 136

21

(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, amounting 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 treat- ment 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. (Replaced 46 of 1988 s. 8)

(2) If a District Judge who has received a certificate in accordance with subsection (1) is satisfied that the certificate referred to in subsection (1) is in order and there are no grounds for rejecting it, he shall countersign the certificate and shall forward it to the medical superintendent of the mental hospital in which the person is detained: (Amended 46 of 1988 s. 8)

Provided that a District Judge shall not countersign a certificate-

(a) in respect of a voluntary patient unless he is satisfied that the voluntary patient, or some person on his behalf in the case of a voluntary patient of less than 16 years of age, has given notice of the intention of the voluntary patient to leave the mental hospital in accordance with section 30(2)(a) and that it would be likely to be dangerous to the voluntary patient or to other persons if the voluntary patient were discharged from the mental hospital; or (b) (Repealed 46 of 1988 s. 8)

(3) 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 and may transfer the patient to any other mental hospital.

(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 detention; and

(b) the provisions of Part IV or, where the Criminal Procedure Ordinance (Cap. 221) 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. (Added 46 of 1988 s. 8}