Hong Kong Ordinances

MENTAL HEALTH ORDINANCE - SECT 44

Removal of patient from Hong Kong

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

(1) Where an alien or any person not domiciled in Hong Kong is detained as a
patient and it appears expedient that he should be removed to the country of
which he is a national, the Chief Secretary for Administration if satisfied
that his removal is likely to be for his benefit, and that proper arrangements
have been made for such removal and for his subsequent care and treatment,
may, by warrant, direct the patient to be delivered to the person named in the
warrant for the purpose of removal to the country of which he is a national,
and every such warrant shall be obeyed by the person or authority having the
charge of the person named therein. (Amended 81 of 1997 s. 32; L.N. 362 of
1997)

(2) A warrant under this section shall be sufficient authority for the master
of any vessel or captain of any aircraft or the guard on any train to receive
and detain the patient on board such vessel, aircraft or train for the purpose
of conveying him to his destination.

(3) Any order of removal made under this section shall be addressed to the
medical superintendent of the mental hospital in which the patient is at the
time detained and shall direct him to deliver up the patient to the person
mentioned in such order at such place and in such manner as may be specified
in the said order for the purpose of such removal as aforesaid; and the
patient shall be delivered up accordingly.

(4) Any patient removed from Hong Kong in accordance with the provisions of
this section shall not return to Hong Kong except by permission of the Chief
Secretary for Administration. (Amended L.N. 362 of 1997)

(Amended 46 of 1988 s. 32)