Hong Kong Ordinances

MENTAL HEALTH ORDINANCE - SECT 44D

Power of court or magistrate to make supervision and treatment order

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

(1) Subject to the other provisions of this Part, 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. 10)

        (i)    the person is mentally incapacitated to a nature or degree
               which warrants his receiving supervision and treatment under
               this Part;

        (ii)   the mental incapacity is susceptible to treatment; and

        (iii)  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 supervised and treated; and (Amended 81 of 1997 s. 36)

   (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; (B) where applicable, the availability of a suitable
               person acting under the Director of Social Welfare's authority
               under paragraph (i) if there is an order under this section in
               the case of the person; and (C) if there is an order in the
               case of the person, the arrangements that will need to be made
               for the treatment intended to be specified in the order, that
               the most suitable method of disposing of the case is by means
               of an order under this section,
the court or magistrate may by an order ("supervision and treatment
order") require the person (" supervised person")-

        (i)    to be under the supervision of the Director of Social Welfare
or any person acting under his authority ("the supervising officer") for a
period specified in the order of not more than 2 years commencing on the date
of the order; and

        (ii)   to submit, during the whole or such part of that period as may
               be specified in the order, to treatment by or under the
               direction of a registered medical practitioner (or other
               appropriately qualified person) with a view to the improvement
               of his mental disorder.

(2) Section 45(3) shall apply to a supervision and treatment order as it
applies to a hospital order. (Part IIIB added 38 of 1996 s. 2)