Hong Kong Ordinances

MENTAL HEALTH ORDINANCE - SECT 2

Interpretation

(Past version on 01/07/1997).
(Past version on 30/06/1997).

(1) In this Ordinance, unless the context otherwise requires-

"approved social worker" (認可社會工作者) means a social worker
approved for the purposes of this Ordinance by the Director of Social Welfare;
(Added 46 of 1988 s. 2. Amended 81 of 1997 s. 3)

"certified patient" (實證病人) means a person who is detained in a mental 
hospital in accordance with the provisions of section 36;

"chairman" (主席) means chairman of the tribunal; (Added 46 of 1988 s. 2)

"Correctional Services Department Psychiatric Centre"
(懲教署精神病治療中心) means the
Correctional Services Department Psychiatric Centre set apart as a prison
under section 4 of the Prisons Ordinance ( Cap 234); (Added 37 of 1973 s. 2)

"Court" (原訟法庭) means the Court of First Instance and any judge of the
Court of First Instance; (Replaced 25 of 1998 s. 2)

"Director of Social Welfare" (社會福利署署長) includes an assistant
director of  social welfare;

"guardian" (監護人)-

   (a)  in relation to a person under the age of 16 years to whom section 30
        applies, means any other person having charge of that first-mentioned
        person or the Director of Social Welfare;

   (b)  in relation to a person under the age of 18 years other than a person
        to whom paragraph (a) applies, means any other person having charge of
        that first-mentioned person;

   (c)  in relation to a person subject to a guardianship order under Part
        IIIA, means the Director of Social Welfare, or such other person as
        may be specified in the order, as the case may be; or

   (d)  under Part IVB, means the person so appointed under that Part in
        respect of a mentally incapacitated person who has attained the age of
        18 years; (Replaced 81 of 1997 s. 3)

"hospital order" (入院令) means an order made in accordance with the
provisions of section 45, 49, 54 or 54A or an order having the effect that a
person shall be treated as if he were liable to be detained by an order under
any of those sections; (Amended 37 of 1973 s. 2; 46 of 1988 s. 2) "IQ"
(智商) means intelligence quotient; (Added 81 of 1997 s. 3)

"medical officer" (公職醫生) means a registered medical practitioner in
the full time employment of Government or the Hospital Authority within the
meaning of the Hospital Authority Ordinance ( Cap 113); (Amended 68 of 1990 s.
24)

"medical superintendent" (院長) means the medical superintendent or an
assistant medical superintendent of a mental hospital appointed in accordance
with the provisions of section 4;

"mental disorder" (精神紊亂) means-

   (a)  mental illness;

   (b)  a state of arrested or incomplete development of mind which amounts to
        a significant impairment of intelligence and social functioning which
        is associated with abnormally aggressive or seriously irresponsible
        conduct on the part of the person concerned;

   (c)  psychopathic disorder; or

   (d)  any other disorder or disability of mind which does not amount to
        mental handicap,
and "mentally disordered" (精神紊亂) shall be construed accordingly;
(Replaced 81 of 1997 s. 3)

"mental handicap" (弱智) means sub-average general intellectual functioning
with deficiencies in adaptive behaviour, and "mentally handicapped" shall be
construed accordingly; (Added 81 of 1997 s. 3)

"mental hospital" (精神病院) means any place declared to be a
mental hospital in accordance with the provisions of section 3;

"mental hospital visitor" (精神病院視察人員) means a person appointed
to be a mental hospital visitor in accordance with the provisions of section 5
while he is so appointed;

"mental incapacity" (精神上無行為能力) means-

   (a)  mental disorder; or

   (b)  mental handicap,
and "mentally incapacitated" (精神上無行為能力) shall be construed
accordingly; (Added 81 of 1997 s. 3)

"mentally disordered person" (精神紊亂的人) means a person suffering
from mental  disorder; (Added 81 of 1997 s. 3)

"mentally handicapped person" (弱智人士) means a person who is or appears
to be mentally handicapped; (Added 81 of 1997 s. 3)

"mentally incapacitated person" (精神上無行為能力的人) means-

   (a)  for the purposes of Part II, a person who is incapable, by reason of
        mental incapacity, of managing and administering his property and
        affairs; or

   (b)  for all other purposes, a patient or a mentally handicapped  person,
        as the case may be; (Added 81 of 1997 s. 3)

"patient" (病人) means a person suffering or appearing to be suffering from
mental disorder; (Replaced 46 of 1988 s. 2)

"patient under observation" (接受觀察病人) means a person who is
detained in a mental hospital in accordance with the provisions of section 31
or 32;

"prescribed form" (訂明表格) means a form provided by regulations;
(Amended 46 of 1988 s. 2)

"psychopathic disorder" (精神病理障礙) means a persistent disorder or
disability of personality (whether or not including significant impairment of
intelligence) which results in abnormally aggressive or seriously
irresponsible conduct on the part of the person concerned; (Added 46 of 1988
s. 2. Amended 81 of 1997 s. 3)

"registered dentist" (註冊牙醫) has the same meaning as in the Dentists 
Registration Ordinance ( Cap 156); (Added 81 of 1997 s. 3)

"registered medical practitioner" (註冊醫生) means a person who is
registered or who is deemed to be registered in accordance with the provisions
of the Medical Registration Ordinance ( Cap 161);

"Registrar" (司法常務官) means the Registrar of the High Court; (Amended
25 of 1998 s. 2)

"regulations" (規例) means regulations made under section 72; (Added 46 of
1988 s. 2)

"relative" (親屬), in relation to a mentally incapacitated person, means any
of the following persons being, in the case of persons referred to in
paragraphs (b) to (i) of this definition, persons who have attained the age of
18 years-

   (a)  spouse or reputed spouse;

   (b)  child or child's spouse;

   (c)  parent or parent-in-law;

   (d)  sibling or sibling's spouse;

   (e)  grandparent or grandparent-in-law;

   (f)  grandchild or grandchild's spouse;

   (g)  uncle or aunt;

   (h)  nephew or niece or spouse of nephew or niece;

   (i)  cousin or cousin's spouse;

   (j)  any person with whom the mentally incapacitated person resides or has
        resided; (Replaced 81 of 1997 s. 3)

"sub-average general intellectual functioning" (低於平均的一般智能)
means an IQ of 70 or below according to the Wechsler Intelligence Scales for
Children or an equivalent scale in a standardized intelligence test; (Added 81
of 1997 s. 3)

"transfer order" (轉移令) means an order issued in accordance with the
provisions of section 52 or 53;

"tribunal" (審裁處) means the Mental Health Review Tribunal established
under section 59A; (Replaced 46 of 1988 s. 2)

"Voluntary patient" (自願入院病人) means a person who has been admitted
into and is in a mental hospital in accordance with the provisions of
section 30.

(2) Of the medical certificates given for the purposes of section  7 (5) or
the opinions given for the purposes of sections 36 and 59M, at least one shall
be given by a practitioner approved for the purposes of this section by the
Hospital Authority within the meaning of the Hospital  Authority Ordinance (
Cap 113) as having special experience in the diagnosis or treatment of
mental disorder or having special experience in the assessment or
determination of mental handicap, as the case may be. (Added 46 of 1988 s. 2.
Amended L.N. 76 of 1989; 68 of 1990 s. 24; 81 of 1997 s. 3)

(3) In deducing relationships for the purposes of this section, any
relationship of the half-blood shall be treated as a relationship of the whole
blood, an illegitimate person shall be treated as the legitimate child of his
mother, and an adopted child as a child of the adopting parent. (Added 46 of
1988 s. 2)

(4) Any function vested in the Director of Social Welfare or any power
conferred on him by or under this Ordinance may be exercised on his behalf by
any public officer authorized in that behalf by the Director of 
Social Welfare. (Added 46 of 1988 s. 2. Amended 81 of 1997 s. 3)

(5) Nothing in subsection (1) shall be construed as implying that a person may
be dealt with under this Ordinance as suffering from mental  disorder, or from
any form of mental disorder described in that subsection, by reason only of
promiscuity or other immoral conduct, sexual deviancy or dependence on alcohol
or drugs. (Added 46 of 1988 s. 2)

(6) For the purposes of this Ordinance, any reference to "medical
superintendent" may be construed to include a reference to any alternative
title (such as "hospital chief executive") as may be used from time to time by
the Hospital Authority. (Added 81 of 1997 s. 3)

"approved social worker" (認可社會工作者)

"certified patient" (實證病人)

"chairman" (主席)

"Correctional Services Department Psychiatric Centre"
(懲教署精神病治療中心)

"Court" (原訟法庭)

"Director of Social Welfare" (社會福利署署長)

"guardian" (監護人)

"hospital order" (入院令) "IQ" (智商)

"medical officer" (公職醫生)

"medical superintendent" (院長)

"mental disorder" (精神紊亂)

"mentally disordered" (精神紊亂)

"mental handicap" (弱智)

"mentally handicapped"

"mental hospital" (精神病院)

"mental hospital visitor" (精神病院視察人員)

"mental incapacity" (精神上無行為能力)

"mentally incapacitated" (精神上無行為能力)

"mentally disordered person" (精神紊亂的人)

"mentally handicapped person" (弱智人士)

"mentally incapacitated person" (精神上無行為能力的人)

"patient" (病人)

"patient under observation" (接受觀察病人)

"prescribed form" (訂明表格)

"psychopathic disorder" (精神病理障礙)

"registered dentist" (註冊牙醫)

"registered medical practitioner" (註冊醫生)

"Registrar" (司法常務官)

"regulations" (規例)

"relative" (親屬)

"sub-average general intellectual functioning" (低於平均的一般智能)

"transfer order" (轉移令)

"tribunal" (審裁處)

"Voluntary patient" (自願入院病人)