Hong Kong Ordinances

MENTAL HEALTH ORDINANCE - SECT 59E

Powers of 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) Where application is made to the tribunal under section 59B(1) or (2)(a)
or (b) or a case is referred to it under section 59C(1) or 59D(1), the
tribunal may- (Amended 81 of 1997 s. 48)

   (a)  direct that a patient be discharged, and where it does so the patient
        shall be discharged in accordance with its direction; and

   (b)  make such recommendations in the matter as it thinks fit including
        recommendations to the Chief Executive and to any public officer as to
        the exercise of their powers under this or any other Ordinance.
        (Amended 60 of 2000 s. 3)

(2) In the exercise of its powers under subsection (1)(a), the tribunal shall
direct that a patient be discharged, either absolutely or subject to the
imposition of conditions under section 42B, if it is satisfied-

   (a)  that he is not then suffering from mental disorder of a nature or
        degree which makes it appropriate for him to be liable to be detained
        in a mental hospital for medical treatment; or

   (b)  that it is not necessary for the health or safety of the patient or
        for the protection of other persons that he should be so detained to
        receive such treatment.

(3) In determining whether to direct the discharge of a patient, the tribunal
shall have regard-

   (a)  to the likelihood of medical treatment alleviating or preventing a
        deterioration of the patient's condition; and

   (b)  to the likelihood of the patient, if discharged, being able to care
        for himself, to obtain the care he needs or to guard himself against
        serious exploitation.

(4) The tribunal may under subsection (1) direct the discharge of a patient on
a future date specified in the direction; and where the tribunal does not
direct the discharge of a patient under that subsection the tribunal may-

   (a)  with a view to facilitating his discharge on a future date, recommend
        that-

        (i)    he be granted leave of absence;

        (ii)   he be transferred to another mental hospital;

        (iii)  a guardianship application under section 59M(1) be made to the
               Guardianship Board (within the meaning of section 59I) for the
               purposes of the Board determining whether or not he should be
               received into guardianship under Part IVB, and, in such a case,
               recommend the terms of the appropriate guardianship order that
               may be made by the Board under that Part; and (Replaced 81 of
               1997 s. 48)

   (b)  further consider his case in the event of any such recommendation not
        being complied with.

(5) Where application is made to the tribunal under section  59B (2)(c) or (d)
the tribunal may in any case direct that the person to whom those paragraphs
apply be discharged, and shall so direct if it is satisfied that it is not
necessary in the interests of the welfare of that person, or for the
protection of other persons, that that person should remain in guardianship
under Part IIIA or remain as a supervised person within the meaning of Part
IIIB. (Replaced 81 of 1997 s. 48)

(6) The tribunal may under subsection (5) direct the discharge of the person
to whom section 59B(2)(c) or (d) applies on a future date specified in the
direction, and where the tribunal does not direct the discharge of that person
the tribunal may-

   (a)  with a view of facilitating his discharge on a future date, recommend
        that a guardianship application under section 59M(1) be made to the
        Guardianship Board (within the meaning of section 59I) for the
        purposes of the Board determining whether or not he should be received
        into guardianship under Part IVB, and, in such a case, recommend the
        terms of the appropriate guardianship order that may be made by the
        Board under that Part; and

   (b)  further consider his case in the event of any such recommendation not
        being complied with. (Added 81 of 1997 s. 48) (Part IVA added 46 of
        1988 s. 23)