Hong Kong Ordinances

MENTAL HEALTH ORDINANCE - SECT 44A

Power of court or magistrate to make guardianship order

(Past version on 01/02/1999).
(Past version on 30/06/1997).

PART IIIA

GUARDIANSHIP OF PERSONS CONCERNED IN CRIMINAL PROCEEDINGS

(1) Where-

   (a)  section 76(1) of the Criminal Procedure Ordinance ( Cap 221) applies
        to a person;

   (b)  the court or magistrate concerned is satisfied, on the written or oral
        evidence of 2 or more registered medical practitioners (of whom not
        less than 2 shall be psychiatrists on the Specialist Register
        established under section 6(3) of the Medical Registration Ordinance (
        Cap  161)), that- (Amended 32 of 2000 s. 9)

        (i)    the person is mentally incapacitated to a nature or degree
               which warrants his reception into guardianship under this Part;
               and (Amended 81 of 1997 s. 33)

        (ii)   it is necessary in the interests of the welfare of the person
               or for the protection of other persons that the person should
               be so received; and (Amended 81 of 1997 s. 33)

   (c)  the court or magistrate is of the opinion, having regard to all the
        circumstances of the case, including-

        (i)    the nature of any act or omission by virtue of which the
               section referred to in paragraph (a) applies to him;

        (ii)   the character and antecedents of the person;

        (iii)  the other available methods of dealing with him; and

        (iv)   the advice of the Director of Social Welfare on- (A) the
               suitability of an order under this section in the case of the
               person; and (B) where applicable, the availability of a
               suitable person to be authorized under paragraph (i) if there
               is an order under this section in the case of the person, that
               the most suitable method of disposing of the case is by means
               of an order under this section, the court or magistrate may-

        (i)	by an order ("guardianship order") place the person under the 
guardianship of the Director of Social Welfare, or a person authorized by the
Director of Social Welfare for the purpose, as may be specified in the order;

        (ii)	specify in the guardianship order the period ("validity 
period") during which the person should be so placed which shall not exceed 1
year commencing on the date of the order. (Amended 81 of 1997 s. 33)

(2) Section 45(3) shall apply to a guardianship order as it applies to a
hospital order. (Part IIIA added 38 of 1996 s. 2)