1964_MENTAL_HEALTH_ORDINANCE — Page 44

1989 Ed.]

Mental Health

[CAP. 136

43

(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 condition; 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 to 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 guardianship.

59F. General provisions concerning tribunal application

(1) No application shall be made to the tribunal by or in respect of a patient except in such cases and at such times as are expressly provided by this Ordinance.

(2) An application to the tribunal authorized to be made by or in respect of a patient under this Ordinance shall be made by notice in writing addressed to the tribunal.

59G. Procedure of the tribunal

(1) Rules may be made by the Chief Justice with respect to the making of applications to the tribunal and with respect to its proceedings and matters incidental to or consequential on such proceedings.

(2) Rules made under subsection (1) may in particular make provision-

(a) for enabling the tribunal to dispose of an application without a formal hearing where such a hearing is not requested by the applicant or it appears to the tribunal that such a hearing would be detrimental to the health of the patient;