Hong Kong Ordinances

MENTAL HEALTH ORDINANCE - SECT 42

Discharge of patient before recovery

(1) Where on behalf of a patient including a voluntary patient a relative or
friend of the patient makes application in writing in the prescribed form to
the medical superintendent-

   (a)  stating the relationship or connection of the applicant with the
        patient;

   (b)  requesting that the patient may be delivered over to the applicant;
        and

   (c)  undertaking that the patient will receive proper care and will be
        prevented from doing injury to himself or to others and, in the case
        of an application by a person other than the person on whose
        application the patient was admitted to a mental hospital, satisfies
        the medical  superintendent that before he made the application he
        served on such person notice of his intention so to do, the
        medical superintendent shall within 48 hours of the receipt of the
        application either-

        (i)    discharge the patient to the applicant notwithstanding that the
               patient is still a mentally disordered person; or

        (ii)   give to the applicant a certificate in the prescribed form
               stating that he refuses to discharge the patient on the ground
               that- (A) he is satisfied that the patient is dangerous or
               otherwise unfit to be at large; or (B) he is not satisfied that
               the patient will receive proper care.

(2) (Repealed 46 of 1988 s. 13)