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【法规名称】 
【法规编号】 44124  什么是编号?
【正  文】

第7页 CAP 136A MENTAL HEALTH REGULATIONS

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  *I am of the opinion that (See Note 3)-
  
  (a) the patient is abnormally aggressive; and
  
  (b) the patient's conduct is seriously irresponsible (See Note 4).
  
  *I am of the opinion that it is necessary (See Note 3)-
  
  (a) for the health or safety of the patient; and
  
  (b) for the protection of other persons,
  
  that the patient should receive such treatment and it cannot be provided unless *he/she is detained under section 36 of the Mental Health Ordinance for the following reasons-
  
  [Reasons should state why patient cannot appropriately be treated without being detained in hospital]
  
  Signed .....................................................Registered Medical Practitioner
  
  Date ........................................................
  
  I, [name of second practitioner] ............................................................................... last examined the patient on .......................................................................
  
  In my opinion this patient is suffering from mental disorder of a nature or degree which makes it appropriate for *him/her to receive medical treatment in hospital.
  
  This opinion is founded on the following-
  
  [Give clinical description of the patient's mental condition]
  
  *I am of the opinion that (See Note 3)-
  
  (a) the patient is abnormally aggressive; and
  
  (b) the patient's conduct is seriously irresponsible (See Note 4).
  
  I am of the opinion that it is necessary (See Note 3)-
  
  (a) for the health or safety of the patient; and
  
  (b) for the protection of other persons,
  
  that the patient should receive such treatment and it cannot be provided unless he is detained under section 36 of the Mental Health Ordinance for the following reasons-
  
  [Reasons should state why patient cannot appropriately be treated without being detained in hospital]
  
  Signed .....................................................Registered Medical Practitioner
  
  Date ........................................................
  
  Countersigned in accordance with the provisions of section 36(2) of the Mental Health Ordinance.
  
  Signed .....................................................District Judge
  
  Date .......................................................
  
  * Delete as appropriate.
  
  Notes: 1. Where the patient is detained under a hospital order or sentence of imprisonment, the procedures under section 36(1) and (2) of the Mental Health Ordinance shall not be commenced more than 30 days before the date he or she would, in the absence of such procedures, be released from detention.
  
  2. At least one of the registered medical practitioners who signs this certificate must be approved for the purpose of section 2(2) of the Mental Health Ordinance by the Hospital Authority within the meaning of the Hospital Authority Ordinance (Cap 113).
  
  3. Delete (a) or (b) unless both apply.
  
  4. A patient who is neither suffering from mental illness nor psychopathic disorder may not be certified under section 36 of the Mental Health Ordinance unless he or she is abnormally aggressive or his or her conduct is seriously irresponsible.
  
  (L.N. 76 of 1989; 68 of 1990 s. 24; L.N. 184 of 1992)
  
  FORM 8
  
  MENTAL HEALTH ORDINANCE
  
  (Chapter 136)
  
  (Section 39(3))
  
  NOTICE OF REVOCATION OF PERMISSION TO BE ABSENT ON TRIAL
  
  To: [name of patient, and, if known, identity card number and address] ..............................
  
  ................................................................................................................................
  
  In pursuance of section 39(3) of the Mental Health Ordinance I, ............................... , Medical Superintendent of ............................................................................................... Hospital, give you notice that permission for you to be absent on trial from [date] ................. is hereby revoked and you are required to return to ................................. Hospital forthwith (See Note 1).
  
  I am of the opinion that your recall is necessary (See Note 2)-
  
  (a) in the interests of your own health or safety; and
  
  (b) for the protection of other persons.
  
  Please note that if you do not return to .......................................... Hospital forthwith, then (See Note 3) [for a period of 28 days from the date of the service of this notice] you may be taken into custody and return to ................................... Hospital by any officer or servant of the Hospital or any person authorized by me.
  
  Signed .................................................Medical Superintendent
  
  Date .....................................................
  
  Notes: 1. A patient may not be recalled in pursuance of section 39(3) of the Mental Health Ordinance after he or she has ceased to be liable to be detained under the Ordinance.
  
  2. Delete (a) or (b) unless both apply.
  
  3. Delete words in square brackets if the patient is liable to detention under a hospital order other than one endorsed under section 45(1A) of the Mental Health Ordinance.
  
  FORM 9
  
  MENTAL HEALTH ORDINANCE
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