Hong Kong Ordinances Hong Kong Ordinances
- CHAPTER 136
TABLE OF PROVISIONS
Long Title
1. Short title
2. Interpretation
3. Declaration of mental hospitals
4. Appointment of medical superintendents and assistant medical
superintendents
5. Appointment and duties of visitors
6. Delegation
7. Court may order inquiry
8. Provision as to notice of inquiry
9. Power to examine person alleged to be mentally incapacitated
10. Questions to be decided by Court
10A. General functions of Court with respect to property and affairs of
mentally incapacitated person
10B. Powers of Court as to mentally incapacitated person's property and
affairs
10C. Supplementary provisions as to wills executed under section 10B
10D. Court's powers in cases of emergency
10E. Preservation of interests in mentally incapacitated person's property
11. Appointment of committees
12. Powers of management of estate of mentally incapacitated person
13. Powers of Registrar
14. What relatives may attend proceedings
15. Orders may be made on petition
16. (Repealed 81 of 1997 s. 12)
17. Committee to execute instruments
18. (Repealed 81 of 1997 s. 13)
19. (Repealed 81 of 1997 s. 14)
20. (Repealed 81 of 1997 s. 15)
21. Committee may dispose of lease
22. Transfer of stock of mentally incapacitated person
23. Transfer of property of mentally incapacitated person residing out of
Hong Kong
24. Power to order maintenance without appointing committee
25. Temporary provision for maintenance of mentally incapacitated person
26. Order for detention of mentally disordered person
26A. Order for potential guardianship of mentally incapacitated person
26B. Variation of powers of committee of the estate or the replacement
of committee of the estate
27. Annulling proceedings
28. References to tribunal by medical superintendent
29. (Repealed 46 of 1988 s. 4)
30. Voluntary patients
31. Detention of a patient under observation
32. Extension of period of detention of a patient under observation
33. (Repealed 81 of 1997 s. 24)
34. (Repealed 81 of 1997 s. 25)
35. (Repealed 81 of 1997 s. 26)
35A. General provisions as to applications
36. Detention of certified patients
37. (Repealed 46 of 1988 s. 9)
38. Temporary transfer of patients
39. Absence on trial
40. (Repealed 46 of 1988 s. 12)
41. (Repealed 46 of 1988 s. 12)
42. Discharge of patient before recovery
42A. Discharge of patient
42B. Conditional discharge of patients with propensity to violence
43. Detention and recapture
44. Removal of patient from Hong Kong
44A. Power of court or magistrate to make guardianship order
44B. Effect of guardianship order
44C. Interpretation
44D. Power of court or magistrate to make supervision and treatment order
44E. Restrictions on the making of a supervision and treatment order
44F. Making of a supervision and treatment order and general requirements
44G. Obligatory requirements as to medical treatment
44H. Optional requirements as to residence
45. Powers of court or magistrate to make a hospital order
46. Requirement as to medical evidence
47. Effect of hospital order
48. Appeal against hospital order
49. (Repealed 81 of 1997 s. 41)
50. Period of detention under this Part
51. Remand
52. Removal to a mental hospital of a person serving a sentence of
imprisonment
52B. Removal to a mental hospital of persons detained in the Correctional
Services Department Psychiatric Centre
53. Removal to a mental hospital of other prisoners
54. Further provisions as to persons committed for trial or sentence or
on remand
54A. Hospital order in respect of persons awaiting trial or sentence
55. Removal of prisoners for observation
56. Medical reports on persons on remand
57. Persons ordered to be admitted to a mental hospital under Criminal
Procedure Ordinance
58. Temporary transfer for specialist medical treatment of patients
concerned in criminal proceedings
59. Removal to prison of persons subject to a hospital order
59A. Mental Health Review Tribunal
59B. Applications to the tribunal
59C. References to tribunals by Chief Executive
59D. Duty to refer cases to tribunal
59E. Powers of the tribunal
59F. General provisions concerning tribunal application
59G. Procedure of the tribunal
59H. The tribunal: supplementary provisions
59I. Interpretation and application
59J. Establishment and composition of Board
59K. Functions and powers of Board
59L. Attendance of witnesses and others
59M. Application for guardianship
59N. General provisions as to guardianship applications
59O. Board may make guardianship orders
59P. Report of Director of Social Welfare
59Q. Emergency guardianship orders
59R. Term and effect of guardianship order
59S. Guardians
59T. Transfer of guardianship in case of death, incapacity, etc. of
guardian
59U. Review of guardianship orders
59V. Absence of mentally incapacitated person without permission
59W. Appeal to Court
59X. Proceedings before the Board and procedure
59Y. Right of appearance
59Z. Rules
59ZA. Interpretation
59ZB. Application and principles
59ZC. Specification of special treatment
59ZD. Who may give consent
59ZE. Requests for consent
59ZF. When treatment may be carried out without consent
59ZH. Service of applications
59ZJ. Restriction on the giving of consent by Court
59ZK. Effect of consent
60. Saving of powers
61. Amendment of orders
62. Application of property of a mentally incapacitated person found
wandering
63. Enforcement of cost of maintenance
64. Saving
65. Offences against patients
66. Construction of laws
67. Medical orders or certificates
68. Copy of reception order to be sent to the person in Charge of the
mental hospital
68A. Duty to give information to detained patients
69. Protection of persons carrying out the provisions of this Ordinance
70. Penalty for improper reception or detention
71. Powers of a District Judge and a magistrate
71A. Warrant to search for and remove mentally incapacitated persons
71B. Mentally disordered persons found in need of care or control
72. Power to make regulations
73. Amendment of Schedule
74. Transitional and savings
SCHEDULE
[ Note: This table has been automatically generated and may be incomplete. ]