Hong Kong Ordinances

MENTAL HEALTH ORDINANCE - SECT 42B

Conditional discharge of patients with propensity to violence

(Past version on 01/07/2002).
(Past version on 01/07/1997).
(Past version on 30/06/1997).

For the saving and transitional provisions relating to the amendments made by
the Resolution of the Legislative Council (L.N. 130 of 2007), see paragraph
(12) of that Resolution.

(1) Where-

   (a)  it appears to the medical superintendent that a patient has a medical
        history of criminal violence or a disposition to commit such violence;
        but

   (b)  the medical superintendent is of the opinion that the patient may
        safely be discharged subject to conditions to be specified in an
        order  for discharge, the medical superintendent may, in the exercise
        of his powers under section 42A, but subject to any restriction on
        such power imposed by any provision of Part IV, make an
        order for discharge subject to compliance by
the patient discharged (in this section and section 43 called "the
conditionally discharged patient") with conditions.

(2) Without prejudice to the power of the medical superintendent in the
exercise of his powers under subsection (1) to impose such conditions as he
thinks fit on an order for discharge, being conditions reasonable in the
circumstances, such conditions may require the conditionally 
discharged patient-

   (a)  to reside at a place specified by the medical superintendent;

   (b)  to attend at an out-patient department of a hospital or at a clinic
        specified by the medical superintendent;

   (c)  to take medication as prescribed by a medical practitioner; or

   (d)  to be under the supervision of the Director of Social Welfare.

(3) In any case where-

   (a)  it appears to a medical superintendent that a conditionally discharged
        patient has failed to comply with any condition to which his
        order for discharge is subject; and

   (b)  the medical superintendent is of the opinion that it is necessary in
        the interests of the patient's health or safety, or for the protection
        of other persons, to recall the patient to a mental hospital, the
        medical superintendent may, by notice in writing in the prescribed 
        form to the conditionally discharged patient or to the person in
        charge of the conditionally discharged patient, recall the patient to
        the mental  hospital and, upon the giving of the notice to the
        patient, or at such subsequent time as may be stated in the notice,
        the patient may be detained and section 43(5) shall apply accordingly.

(4) Any conditionally discharged patient recalled to a mental  hospital under
subsection (3) shall, upon admission to that hospital, be deemed to have been
detained therein under section 31 and, for the purposes of that section, the
patient shall be deemed to have been detained in that hospital in pursuance of
an order under section 31(1B) made at the time of admission.

(5) The medical superintendent may at any time by notice in writing to
the conditionally discharged patient vary the conditions of his discharge.

(6) This section shall apply to a person who is admitted to the
Correctional Services Department Psychiatric Centre in pursuance of a
hospital order with the following modifications-

   (a)  references in subsections (1) and (2) to the medical  superintendent
        shall be construed as references to the Commissioner of Correctional
        Services and references to the exercise of the medical 
        superintendent's powers under section 42A as references to any power
        vested in the Commissioner to discharge a person from the Centre;

   (b)  references to an order of discharge shall be construed as references
        to an order of discharge by the Commissioner of Correctional Services
        with the consent of the Chief Executive given under section  47
        (1A)(b); (Amended 60 of 2000 s. 3)

   (c)  references in subsections (3), (4) and (5) to the medical 
        superintendent shall be construed as references to a medical officer
        authorized for the purposes of those subsections in writing by the
        Secretary for Food and Health; and (Amended L.N. 76 of 1989; 68 of
        1990 s. 24; L.N. 106 of 2002; L.N. 130 of 2007)

   (d)  references in subsection (3) or (4) to recall to a mental  hospital
        shall be construed as references to call to a mental hospital
        specified by such medical officer in the notice given under subsection
        (3), and the power to discharge the patient at any time subsequent to
        the making of the order of conditional discharge may be exercised by
        that medical officer who shall have, in that respect, the power of a
        medical  superintendent under section 42A. (Added 46 of 1988 s. 14)