Hong Kong Ordinances

MENTAL HEALTH ORDINANCE - SECT 43

Detention and recapture

(Past version on 30/06/1997).

(1) Every patient received into a mental hospital under the authority of this
Ordinance may, subject to this Ordinance, be detained therein until he is
removed or discharged in accordance with this Ordinance.

(2) Where a patient who is for the time being liable to be detained in a
mental hospital under this Ordinance escapes, he may, subject to the provision
of this section, be taken into custody and returned to the mental hospital by
the medical superintendent, any officer or servant of such hospital, any
person authorized by the medical superintendent or any police officer.

(3) Where a person who is for the time being liable to be detained under this
Ordinance-

   (a)  fails to return to the mental hospital on any occasion on which, or at
        the expiration of any period for which, permission to be absent was
        granted under section 39, or upon being recalled under that section;
        or

   (b)  absents himself without permission from any place where he is required
        to reside in accordance with conditions imposed on the grant of leave
        of absence under that section, he may, subject to this section, be
        taken into custody and returned to the mental hospital by the
        medical superintendent, any officer or servant of such hospital, or
        any person authorized by the medical superintendent.

(4) (Repealed 81 of 1997 s. 31)

(5) Where a conditionally discharged patient-

   (a)  fails to return to the mental hospital upon being recalled under
        section 42B(3) or called there under section 42B(6)(d); or

   (b)  absents himself without permission from any place where he is required
        to reside in accordance with conditions imposed on his discharge under
        section 42B, he may be taken into custody and returned to the
        mental hospital by the medical superintendent, or any officer or
        servant of the hospital, or any other person authorized by the
        medical superintendent: Provided that where section 42B(6) applies
        references in this section to the medical superintendent shall be
        construed as referring to the medical  superintendent of the
        mental hospital specified in the notice given under section 42B(3).

(6) A patient shall not be taken into custody under this section after the
expiration of 28 days beginning with the first day of his absence without
leave, or, in the case of a failure to return to a mental  hospital, the day
on which the obligation to return arose, and a patient who has not returned or
been taken into custody under this section within that period shall cease to
be liable to be detained at the expiration of that period: (Amended 81 of 1997
s. 31) Provided that nothing in this subsection shall apply in the case of a
person who is or was liable to detention under a hospital order which is not
endorsed under section 45(1A), whether or not he was, prior to the event
giving rise to the power to take him into custody under this section, in
actual detention, absent on permission granted under section  39 or
conditionally discharged from detention under that order.

(7) Where by virtue of this section a person is detained, taken into custody
or returned to a mental hospital, such reasonable force may be used as is
necessary for the purpose. (Replaced 46 of 1988 s. 14)