Hong Kong Ordinances

MENTAL HEALTH ORDINANCE - SECT 70

Penalty for improper reception or detention

(Past version on 30/06/1997).

(1) Subject to the provisions of section 69 any person who-

   (a)  otherwise than in accordance with the provisions of this Ordinance
        receives or detains in a mental hospital a person who is or is alleged
        to be a mentally disordered person; or

   (b)  for gain detains in any place not being a mental hospital 2 or more
        mentally disordered persons, shall be guilty of an offence and shall
        be liable on summary conviction to a fine of $20000 and to
        imprisonment for 2 years. (Amended 46 of 1988 s. 28)

(2) No prosecution under this section shall be instituted except by or with
the consent of the Secretary for Justice. (Amended L.N. 362 of 1997)

(3) Nothing in this section shall prevent any general hospital or nursing home
which has been recognized as such by the Hospital Authority within the meaning
of the Hospital Authority Ordinance ( Cap 113) from receiving and treating any
person who is in need of and is desirous of receiving psychiatric treatment.
(Amended L.N. 76 of 1989; 68 of 1990 s. 24)