Hong Kong Ordinances

MENTAL HEALTH ORDINANCE - SECT 31

Detention of a patient under observation

(1) An application may be made to a District Judge or magistrate for an order
for the detention of a patient for observation on the grounds that the
patient-

   (a)  is suffering from mental disorder of a nature or degree which warrants
        his detention in a mental hospital for observation (or for observation
        followed by medical treatment) for at least a limited period; and

   (b)  ought to be so detained in the interests of his own health or safety
        or with a view to the protection of other persons. (Replaced 46 of
        1988 s. 5)

(1A) An application for an order for the detention of a patient for
observation shall be founded on the written opinion in the prescribed form of
a registered medical practitioner who has examined the patient within the
previous 7 days, which opinion shall include-

   (a)  a statement that in the opinion of the practitioner the conditions set
        out in subsection (1) are satisfied;

   (b)  such particulars as may be prescribed of the grounds for that opinion
        so far as it relates to the conditions set out in subsection

(1)(a); and

   (c)  a statement of the reasons for that opinion so far as it relates to
        the conditions set out in subsection (1)(b). (Added 46 of 1988 s. 5)

(1B) Upon receipt of an application under subsection (1) the District Judge or
magistrate may make an order in the prescribed form authorizing the removal of
the patient to a mental hospital for the purpose of detention and observation
during the period not exceeding 7 days from and including the date of the
order. (Added 46 of 1988 s.5)

(2) Every such order shall have the effect of authorizing the applicant and
every public officer with such assistance in each case as may be necessary, to
use such reasonable force as may be necessary in order to remove to a
mental hospital the patient and if for any reason it is not practicable
forthwith to remove him to a mental hospital to detain him in a place of
safety for a period not exceeding 48 hours. (Amended 46 of 1988 s. 5)

(3) Where the patient has requested to see the District Judge or magistrate
before such Judge or magistrate determines whether or not to make an order
under subsection (1B)-

   (a)  the District Judge or magistrate shall not make the order until he has
        seen the patient; and

   (b)  a certificate by the registered medical practitioner who furnished the
        opinion for the purposes of subsection (1A) as to whether or not the
        patient has made such a request shall be sufficient evidence of the
        fact thereof. (Replaced 46 of 1988 s. 5)

(4) A medical superintendent may detain in a mental hospital for observation,
investigation and treatment any person who is the subject of an order under
this section or under section 32.