Hong Kong Ordinances

MENTAL HEALTH ORDINANCE - SECT 35A

General provisions as to applications

(Past version on 30/06/1997).

(1) Subject to the provisions of this section, an application under
section 31(1) for detention for observation shall be in the prescribed  form
and may be made by-

   (a)  a relative of the patient;

   (b)  a registered medical practitioner;

   (c)  a public officer in the Social Welfare Department, and every such
        application shall specify which of those persons is making the
        application and, if made by a relative of a patient, shall state the
        relationship.

(2) Before an application under section 31(1) for the detention of a patient
for observation is made by a registered medical practitioner or a public
officer in the Social Welfare Department, that practitioner or officer shall
take such steps as are reasonably practicable to inform a person in Hong Kong
appearing to him to be a relative of the patient (if there is such a person)
that the application is to be made, and if the medical practitioner or public
officer fails to take such steps prior to the detention of the patient in a
mental hospital, the medical  superintendent shall, as soon as practicable
thereafter, take them.

(3) No application for detention for observation under section  31 (1) may be
made by any person in respect of a patient unless that person has personally
seen the patient within the period of 14 days ending immediately prior to the
date of application. (Added 46 of 1988 s. 7. Amended 81 of 1997 s. 27)