Hong Kong Ordinances

MENTAL HEALTH ORDINANCE - SECT 36

Detention of certified patients

(Past version on 30/06/1997).

(1) If-

   (a)  a patient liable to be detained in a mental hospital (otherwise than
        under this section) or in the Correctional Services Department 
        Psychiatric Centre; or

   (b)  a voluntary patient in a mental hospital, has been examined by 2
        registered medical practitioners either separately or together and the
        2 registered medical practitioners are of the opinion that-

        (i)    the patient is suffering from mental disorder of a nature or
               degree which makes it appropriate for him to receive medical
               treatment in hospital; and (Amended 81 of 1997 s. 28)

        (ii)   it is necessary for the health or safety of the patient or for
               the protection of other persons that he should receive such
               treatment and it cannot be provided unless he is detained under
               this section, they may complete a certificate in the
               prescribed form and forward it to a District Judge. (Replaced
               46 of 1988 s. 8)

(2) If a District Judge who has received a certificate in accordance with
subsection (1) is satisfied that the certificate referred to in subsection (1)
is in order and there are no grounds for rejecting it, he shall countersign
the certificate and shall forward it to the medical superintendent of the
mental hospital in which the person is detained: (Amended 46 of 1988 s. 8)
Provided that a District Judge shall not countersign a certificate-

   (a)  in respect of a voluntary patient unless he is satisfied that the
        voluntary patient, or some person on his behalf in the case of a
        voluntary patient of less than 16 years of age, has given notice of
        the intention of the voluntary patient to leave the mental hospital in
        accordance with section 30(2)(a) and that it would be likely to be
        dangerous to the voluntary patient or to other persons if the
        voluntary  patient were discharged from the mental hospital; or

   (b)  (Repealed 46 of 1988 s. 8)

(3) 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 and may transfer the patient to any other mental hospital.

(4) The procedures described in subsections (1) and (2) may be undertaken
notwithstanding that the patient is detained under a hospital  order or
because he has been sentenced to imprisonment or is detained by an order of a
court, but where the patient is detained under a hospital  order or because he
has been sentenced to imprisonment-

   (a)  such procedures shall not be commenced more than 30 days before the
        date when he would, in the absence of such procedures, be released
        from detention; and

   (b)  the provisions of Part IV or, where the Criminal Procedure  Ordinance
        ( Cap 221) applies, that Ordinance, shall continue to apply to that
        patient until that date, and nothing done under this section shall
        have the effect of varying any order to a court. (Added 46 of 1988 s.
        8)

(5) This section-

   (a)  applies to a patient who suffers from mental illness or
        psychopathic disorder; and

   (b)  applies to a patient other than a patient referred to in paragraph (a)
        only where the 2 medical practitioners referred to in subsection (1)
        are, in addition to being of the opinion described in that subsection,
        also of the opinion that the patient is abnormally aggressive or that
        his conduct is seriously irresponsible. (Added 46 of 1988 s. 8)
        (Amended 35 of 1969 s. 2)