1964_MENTAL_HEALTH_ORDINANCE — Page 23

HK Historical Laws 香港歷史法例 All AI Reviewed

CAP. 136]

Mental Health

[1989 Ed.

(5) This section-

(a) applies to a patient who suffers from mental illness or

psychopathic disorder; and

(b) applies to a patient other than a patient referred to in paragraph (a) only where the 2 medical practitioners referred to in subsection (1) are, in addition to being of the opinion described in that subsection, also of the opinion that the patient is abnormally aggressive or that his conduct is seriously irresponsible. (Added 46 of 1988 s. 8)

37. (Repealed 46 of 1988 s. 9)

38. Temporary transfer of patients

(Amended 35 of 1969 s. 2)

When it appears to a medical superintendent that it would be for the benefit of any certified patient receiving treatment or special care or that it is necessary for the purpose of obtaining special treatment for any patient, that he should be temporarily transferred to and maintained in another hospital, institution or place, the medical superintendent, if the person in charge of the other hospital, institution or place is willing to receive the patient, may arrange for such transfer.

(Amended 46 of 1988 s. 10)

39. Absence on trial

(1) A medical superintendent may from time to time permit a certified patient or a patient under observation to be absent from the mental hospital on trial for such periods as the medical superintendent may think proper. (Amended 46 of 1988 s. 11)

(2) Any absence on trial under this section shall be subject to such conditions as the medical superintendent may prescribe.

(3) In any case where a patient is absent from a mental hospital in accordance with this section, the medical superintendent may, subject to subsection (5), by notice in writing in the prescribed form to the patient or to the person for the time being in charge of the patient, revoke the permission to be absent and recall the patient to the mental hospital if he is of the opinion that it is necessary so to do in the interests of the patient's health or safety or for the protection of other persons. (Replaced 46 of 1988 s. 11)

(4) If before the expiry of any period of absence which has been prescribed the medical superintendent certifies in the prescribed form that it is not necessary that the patient be detained in a mental hospital he shall be deemed to have been lawfully discharged in accordance with the provisions of this Ordinance. (Amended 46 of 1988 s. 11)

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22 CAP. 136] Mental Health [1989 Ed. (5) This section- (a) applies to a patient who suffers from mental illness or psychopathic disorder; and (b) applies to a patient other than a patient referred to in paragraph (a) only where the 2 medical practitioners referred to in subsection (1) are, in addition to being of the opinion described in that subsection, also of the opinion that the patient is abnormally aggressive or that his conduct is seriously irresponsible. (Added 46 of 1988 s. 8) 37. (Repealed 46 of 1988 s. 9) 38. Temporary transfer of patients (Amended 35 of 1969 s. 2) When it appears to a medical superintendent that it would be for the benefit of any certified patient receiving treatment or special care or that it is necessary for the purpose of obtaining special treatment for any patient, that he should be temporarily transferred to and maintained in another hospital, institution or place, the medical superintendent, if the person in charge of the other hospital, institution or place is willing to receive the patient, may arrange for such transfer. (Amended 46 of 1988 s. 10) 39. Absence on trial (1) A medical superintendent may from time to time permit a certified patient or a patient under observation to be absent from the mental hospital on trial for such periods as the medical superintendent may think proper. (Amended 46 of 1988 s. 11) (2) Any absence on trial under this section shall be subject to such conditions as the medical superintendent may prescribe. (3) In any case where a patient is absent from a mental hospital in accordance with this section, the medical superintendent may, subject to subsection (5), by notice in writing in the prescribed form to the patient or to the person for the time being in charge of the patient, revoke the permission to be absent and recall the patient to the mental hospital if he is of the opinion that it is necessary so to do in the interests of the patient's health or safety or for the protection of other persons. (Replaced 46 of 1988 s. 11) (4) If before the expiry of any period of absence which has been prescribed the medical superintendent certifies in the prescribed form that it is not necessary that the patient be detained in a mental hospital he shall be deemed to have been lawfully discharged in accordance with the provisions of this Ordinance. (Amended 46 of 1988 s. 11)

Baseline (Original)

22 CAP. 136] Mental Health [1989 Ed. (5) This section- (a) applies to a patient who suffers from mental illness or psychopathic disorder; and (b) applies to a patient other than a patient referred to in para- graph (a) only where the 2 medical practitioners referred to in subsection (1) are, in addition to being of the opinion des- cribed in that subsection, also of the opinion that the patient is abnormally aggressive or that his conduct is seriously irresponsible. (Added 46 of 1988 s. 8) 37. (Repealed 46 of 1988 s. 9) 38. Temporary transfer of patients (Amended 35 of 1969 s. 2) When it appears to a medical superintendent that it would be for the benefit of any certified patient receiving treatment or special care or that it is necessary for the purpose of obtaining special treatment for any patient, that he should be temporarily transferred to and maintained in another hospital, institution or place, the medical superintendent, if the person in charge of the other hospital, institution or place is willing to receive the patient, may arrange for such transfer. (Amended 46 of 1988 s. 10) 39. Absence on trial (1) A medical superintendent may from time to time permit a certified patient or a patient under observation to be absent from the mental hospital on trial for such periods as the medical superintendent may think proper. (Amended 46 of 1988 s. 11) (2) Any absence on trial under this section shall be subject to such conditions as the medical superintendent may prescribe. (3) In any case where a patient is absent from a mental hospital in accordance with this section, the medical superintendent may, subject to subsection (5), by notice in writing in the prescribed form to the patient or to the person for the time being in charge of the patient, revoke the permission to be absent and recall the patient to the mental hospital if he is of the opinion that it is necessary so to do in the interests of the patient's health or safety or for the protection of other persons. (Replaced 46 of 1988 s. 11) (4) If before the expiry of any period of absence which has been prescribed the medical superintendent certifies in the prescribed form that it is not necessary that the patient be detained in a mental hospital he shall be deemed to have been lawfully discharged in accordance with the provisions of this Ordinance. (Amended 46 of 1988 s. 11)

2026-05-05 00:51:57 · Baseline

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