Hong Kong Ordinances

MENTAL HEALTH ORDINANCE - SECT 59B

Applications to the tribunal

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

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

(1) An application may be made to the tribunal for the review of the case of
any patient liable to be detained in a mental hospital or the
Correctional Services Department Psychiatric Centre; but nothing in this
section shall apply to any person who is serving a sentence of  imprisonment
in pursuance of the order of any court during the period within which he is
liable to be detained in pursuance of that sentence other than a person
detained at the discretion of the Chief Executive. (Amended 81 of 1997 s. 45;
60 of 2000 s. 3)

(2) An application may be made to the tribunal for the review of any case of-

   (a)  a patient permitted to be absent on trial under section 39;

   (b)  a conditionally discharged patient within the meaning of section 42B;

   (c)  a person admitted to guardianship under Part IIIA; (Replaced 81 of
        1997 s. 45)

   (d)  a supervised person within the meaning of Part IIIB. (Added 81 of 1997
        s. 45)

(3) An application under subsection (1) or (2) may be made by-

   (a)  the person to whom those subsections apply; or (Replaced 81 of 1997 s.
        45)

   (b)  his relative, and, subject to subsection (5) and to any rules made
        under section 59G, may be made at any time.

(4) An application under subsection (1) or (2) may be brought for the purpose
of reviewing any direction or decision of a medical  superintendent under this
Ordinance and, when so brought, shall specify the grounds for applying for the
review.

(5) Except with the leave of the tribunal, no application may be made under
subsection (1) or (2)-

   (a)  by a patient liable to be detained under a hospital order or
        transfer order, within a period of 12 months after he is first liable
        to be so detained; or

   (b)  within 12 months of the determination of a previous review unless it
        is for the purpose of reviewing any direction or decision of the
        medical superintendent under this Ordinance which could not have been
        considered at the previous review. (Part IVA added 46 of 1988 s. 23)