Hong Kong Ordinances

MENTAL HEALTH ORDINANCE - SECT 69

Protection of persons carrying out the provisions of this Ordinance

(1) Where a person has made application for the removal or detention of any
person under the provisions of this Ordinance, or signed or carried out, or
done any act with a view to signing or carrying out, an order purporting to be
an order for removal or detention, or any report, application, recommendation,
or certificate purporting to be a report, application, recommendation, or
certificate under this Ordinance, or has done anything or given any advice in
a professional capacity in pursuance of this Ordinance, he shall not be liable
to any civil or criminal proceedings whether on the ground of want of
jurisdiction or on any other ground unless he has acted in bad faith or
without reasonable care.

(2) No proceedings, civil or criminal, shall be brought against any person in
any Court in respect of any such matter as is mentioned in subsection (1),
without the leave of the Court, and leave shall not be given unless the Court
is satisfied that there is substantial ground for the contention that the
person, against whom it is sought to bring the proceedings, has acted in bad
faith or without reasonable care.

(3) Notice of any application under subsection (2) shall be given to the
person against whom it is sought to bring the proceedings, and that person
shall be entitled to be heard against the application.