Hong Kong Ordinances

MENTAL HEALTH ORDINANCE - SECT 46

Requirement as to medical evidence

(Past version on 30/06/1997).

(1) Of the registered medical practitioners whose evidence is received in
accordance with section 45(1)(b) or 54(3) at least one shall be a
medical officer.

(2) For the purpose of section 45(1)(b) or 54(3) a report in writing
purporting to be signed by a registered medical practitioner may, subject to
the provisions of this section, be received in evidence without proof of the
signature or qualifications of the registered medical  practitioner but the
court or magistrate may require that the registered  medical practitioner, by
whom the report was signed, be called to give oral evidence.

(3) Where, in pursuance of the directions of a court or magistrate, a report
of a registered medical practitioner is tendered in evidence in accordance
with section 45(1)(b) otherwise than by or on behalf of the accused- (Amended
40 of 1962 s. 2 )

   (a)  if the accused is represented by counsel or solicitor, a copy of the
        report shall be given to his counsel or solicitor;

   (b)  if the accused is not so represented, the substance of the report
        shall be disclosed to the accused or, in the case of a child or young
        person, to his parent or guardian if present in court; and

   (c)  in any case, the accused, or in the case of a child or young person,
        his parent or guardian may require that the registered medical 
        practitioner who signed the report be called to give oral evidence,
        and evidence to rebut the evidence contained in the report may be
        called by or on behalf of the accused. (Amended 46 of 1988 s. 16; 81
        of 1997 s. 39) [cf. 1959 c. 72 s. 62 U.K.]