1964_MENTAL_HEALTH_ORDINANCE — Page 43

HK Historical Laws 香港歷史法例 All AI Reviewed

CAP. 136]

Mental Health

[1989 Ed.

(a) the medical superintendent, if the patient is liable to be detained

in a mental hospital; or

(b) the Commissioner of Correctional Services, where the patient is liable to be detained in the Correctional Services Department Psychiatric Centre,

shall, at the expiration of the period for making the application, refer the patient's case to the tribunal.

(2) For the purpose of furnishing information to the tribunal for the purposes of any reference under this section, any registered medical practitioner authorized by or on behalf of the patient may, at any reasonable time, visit and examine the patient in private and require the production of and inspect any records relating to the detention or treatment of the patient in any hospital and relevant to the reference.

(3) For the purposes of subsection (1), a person who applies to the tribunal but subsequently withdraws his application shall be treated as not having exercised his right to apply, and where a person withdraws his application on a date after the expiration of the period mentioned in that subsection, the medical superintendent or as the case may be, the Commissioner of Correctional Services shall refer the patient's case as soon as possible after that date.

(4) A medical superintendent or the Commissioner of Correctional Services may, in the event of an application being made to the tribunal by any other person under section 59B(1), with the leave of the tribunal, discontinue any review proceedings brought under this section.

59E. Powers of the tribunal

(1) Where application is made to the tribunal under section 59B(1) or (2) or a case is referred to it under section 59C(1) or 59D(1), the tribunal may-

(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 Governor 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.

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42 CAP. 136] Mental Health [1989 Ed. (a) the medical superintendent, if the patient is liable to be detained in a mental hospital; or (b) the Commissioner of Correctional Services, where the patient is liable to be detained in the Correctional Services Department Psychiatric Centre, shall, at the expiration of the period for making the application, refer the patient's case to the tribunal. (2) For the purpose of furnishing information to the tribunal for the purposes of any reference under this section, any registered medical practitioner authorized by or on behalf of the patient may, at any reasonable time, visit and examine the patient in private and require the production of and inspect any records relating to the detention or treatment of the patient in any hospital and relevant to the reference. (3) For the purposes of subsection (1), a person who applies to the tribunal but subsequently withdraws his application shall be treated as not having exercised his right to apply, and where a person withdraws his application on a date after the expiration of the period mentioned in that subsection, the medical superintendent or as the case may be, the Commissioner of Correctional Services shall refer the patient's case as soon as possible after that date. (4) A medical superintendent or the Commissioner of Correctional Services may, in the event of an application being made to the tribunal by any other person under section 59B(1), with the leave of the tribunal, discontinue any review proceedings brought under this section. 59E. Powers of the tribunal (1) Where application is made to the tribunal under section 59B(1) or (2) or a case is referred to it under section 59C(1) or 59D(1), the tribunal may- (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 Governor 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.

Baseline (Original)

42 CAP. 136] Mental Health [1989 Ed. (a) the medical superintendent, if the patient is liable to be detained in a mental hospital; or (b) the Commissioner of Correctional Services, where the patient is liable to be detained in the Correctional Services Department Psychiatric Centre, shall, at the expiration of the period for making the application, refer the patient's case to the tribunal. (2) For the purpose of furnishing information to the tribunal for the purposes of any reference under this section, any registered medical practitioner authorized by or on behalf of the patent may, at any reasonable time, visit and examine the patient in private and require the production of and inspect any records relating to the detention or treatment of the patient in any hospital and relevant to the reference. (3) For the purposes of subsection (1), a person who applies to the tribunal but subsequently withdraws his application shall be treated as not having exercised his right to apply, and where a person withdraws his application on a date after the expiration of the period mentioned in that subsection, the medical superintendent or as the case may be, the Commissioner of Correctional Services shall refer the patient's case as soon as possible after that date. (4) A medical superintendent or the Commissioner of Correctional Services may, in the event of an application being made to the tribunal by any other person under section 59B(1), with the leave of the tribunal, discontinue any review proceedings brought under this section. 59E. Powers of the tribunal (1) Where application is made to the tribunal under section 59B(1) or (2) or a case is referred to it under section 59C(1) or 59D(1), the tribunal may- (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 Governor 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.

2026-05-05 00:54:54 · Baseline

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