Hong Kong Ordinances

MENTAL HEALTH ORDINANCE - SECT 59D

Duty to refer cases to tribunal

(Past version on 30/06/1997).

(1) Whenever a patient (other than a voluntary patient) or his relative does
not exercise his right to apply to the tribunal under section 59B(1) for a
period of 12 months after the right first became available to him- (Amended 81
of 1997 s. 47)

   (a)  the medical superintendent, if the patient is liable to be detained in
        a mental hospital; or

   (b)  the Commissioner of Correctional Services, where the patient is liable
        to be detained in the Correctional Services Department Psychiatric 
        Centre, shall, at the expiration of the period for making the
        application, refer the patient's case to the tribunal.

(2) For the purpose of furnishing information to the tribunal for the purposes
of any reference under this section, any registered medical  practitioner
authorized by or on behalf of the patient may, at any reasonable time, visit
and examine the patient in private and require the production of and inspect
any records relating to the detention or treatment of the patient in any
hospital and relevant to the reference.

(3) For the purposes of subsection (1), a person who applies to the tribunal
but subsequently withdraws his application shall be treated as not having
exercised his right to apply, and where a person withdraws his application on
a date after the expiration of the period mentioned in that subsection, the
medical superintendent or as the case may be, the Commissioner of Correctional
Services shall refer the patient's case as soon as possible after that date.

(4) A medical superintendent or the Commissioner of Correctional Services may,
in the event of an application being made to the tribunal by any other person
under section 59B(1), with the leave of the tribunal, discontinue any review
proceedings brought under this section. (Part IVA added 46 of 1988 s. 23)