Hong Kong Ordinances

MENTAL HEALTH ORDINANCE - SECT 47

Effect of hospital order

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

Adaptation amendments retroactively made - see 60 of 2000 s. 3

(1) A hospital order shall be sufficient authority for-

   (a)  the Commissioner of Correctional Services or any other person directed
        to do so by the court or magistrate to convey the person named in the
        order to the Correctional Services Department Psychiatric Centre or
        the mental hospital specified in the order within a period of 28 days
        from the date of the order; and

   (b)  the Commissioner of Correctional Services to admit him to the
        Correctional Services Department Psychiatric Centre or the medical 
        superintendent to admit him to the mental hospital and to detain him
        therein in accordance with the provisions of this Ordinance. (Amended
        37 of 1973 s. 4)

(1A) A person who is admitted to the Correctional Services 
Department Psychiatric Centre in pursuance of a hospital order shall be
treated, for the purposes of the Prisons Ordinance ( Cap 234), as if he had
been lawfully confined in a prison in accordance with section 7 of that
Ordinance except that during the period for which he is ordered to be detained
in the Correctional Services Department Psychiatric Centre, or if no period is
specified in the order, while the order is in force-

   (a)  the power of the Commissioner of Correctional Services to grant leave
        of absence under the Prisons Ordinance ( Cap 234) shall not be
        exercised; and

   (b)  the person shall not be discharged therefrom unless with the prior
        consent of the Chief Executive. (Added 37 of 1973 s. 4. Amended 60 of
        2000 s. 3)

(2) A person who has been admitted to a mental hospital in pursuance of a
hospital order shall be treated, for the purposes of Part III, as if he had
been detained in a mental hospital in accordance with section 36: Provided
that, unless the hospital order has been endorsed under section  45 (1A), the
power to grant permission for leave of absence under section  39 , to
discharge under section 42A or to discharge conditionally under section 42B
shall be exercisable only with the prior consent of the Chief Executive.
(Replaced 46 of 1988 s. 17. Amended 60 of 2000 s. 3)

(3) Where-

   (a)  a person is admitted to the Correctional Services Department 
        Psychiatric Centre; or

   (b)  a person is admitted to a mental hospital, (Amended 81 of 1997 s. 40)
        in pursuance of a hospital order, any previous order by which he was
        liable to be detained in a mental hospital shall cease to have effect.
        (Replaced 37 of 1973 s. 4) [cf. 1959 c. 72 s. 63 U.K.]