Hong Kong Ordinances

MENTAL HEALTH ORDINANCE - SECT 39

Absence on trial

(1) A medical superintendent may from time to time permit a certified patient
or a patient under observation to be absent from the mental hospital on trial
for such periods as the medical superintendent may think proper. (Amended 46
of 1988 s. 11)

(2) Any absence on trial under this section shall be subject to such
conditions as the medical superintendent may prescribe.

(3) In any case where a patient is absent from a mental hospital in accordance
with this section, the medical superintendent may, subject to subsection (5),
by notice in writing in the prescribed form to the patient or to the person
for the time being in charge of the patient, revoke the permission to be
absent and recall the patient to the mental hospital if he is of the opinion
that it is necessary so to do in the interests of the patient's health or
safety or for the protection of other persons. (Replaced 46 of 1988 s. 11)

(4) If before the expiry of any period of absence which has been prescribed
the medical superintendent certifies in the prescribed form that it is not
necessary that the patient be detained in a mental hospital he shall be deemed
to have been lawfully discharged in accordance with the provisions of this
Ordinance. (Amended 46 of 1988 s. 11)

(5) A patient who has been permitted to be absent from a mental  hospital in
accordance with the provisions of this section shall not be recalled under
subsection (3) after he has ceased to be liable to be detained under this
Ordinance. (Added 46 of 1988 s. 11)