【法规名称】
【法规编号】 44126 什么是编号？
【正 文】
第10页 CAP 136 MENTAL HEALTH ORDINANCE
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[接上页] (a) a relative of the patient; (b) a registered medical practitioner; (c) a public officer in the Social Welfare Department,and every such application shall specify which of those persons is making the application and, if made by a relative of a patient, shall state the relationship. (2) Before an application under section 31(1) for the detention of a patient for observation is made by a registered medical practitioner or a public officer in the Social Welfare Department, that practitioner or officer shall take such steps as are reasonably practicable to inform a person in Hong Kong appearing to him to be a relative of the patient (if there is such a person) that the application is to be made, and if the medical practitioner or public officer fails to take such steps prior to the detention of the patient in a mental hospital, the medical superintendent shall, as soon as practicable thereafter, take them. (3) No application for detention for observation under section 31(1) may be made by any person in respect of a patient unless that person has personally seen the patient within the period of 14 days ending immediately prior to the date of application. (Added 46 of 1988 s. 7. Amended 81 of 1997 s. 27) Cap 136 s 36 Detention of certified patients (1) If- (a) a patient liable to be detained in a mental hospital (otherwise than under this section) or in the Correctional Services Department Psychiatric Centre; or (b) a voluntary patient in a mental hospital,has been examined by 2 registered medical practitioners either separately or together and the 2 registered medical practitioners are of the opinion that- (i) the patient is suffering from mental disorder of a nature or degree which makes it appropriate for him to receive medical treatment in hospital; and (Amended 81 of 1997 s. 28) (ii) it is necessary for the health or safety of the patient or for the protection of other persons that he should receive such treatment and it cannot be provided unless he is detained under this section,they may complete a certificate in the prescribed form and forward it to a District Judge. (Replaced 46 of 1988 s. 8) (2) If a District Judge who has received a certificate in accordance with subsection (1) is satisfied that the certificate referred to in subsection (1) is in order and there are no grounds for rejecting it, he shall countersign the certificate and shall forward it to the medical superintendent of the mental hospital in which the person is detained: (Amended 46 of 1988 s. 8) Provided that a District Judge shall not countersign a certificate- (a) in respect of a voluntary patient unless he is satisfied that the voluntary patient, or some person on his behalf in the case of a voluntary patient of less than 16 years of age, has given notice of the intention of the voluntary patient to leave the mental hospital in accordance with section 30(2)(a) and that it would be likely to be dangerous to the voluntary patient or to other persons if the voluntary patient were discharged from the mental hospital; or (b) (Repealed 46 of 1988 s. 8)(3) A medical superintendent may detain in a mental hospital for observation, investigation and treatment any person who is the subject of an order under this section and may transfer the patient to any other mental hospital. (4) The procedures described in subsections (1) and (2) may be undertaken notwithstanding that the patient is detained under a hospital order or because he has been sentenced to imprisonment or is detained by an order of a court, but where the patient is detained under a hospital order or because he has been sentenced to imprisonment- (a) such procedures shall not be commenced more than 30 days before the date when he would, in the absence of such procedures, be released from detention; and (b) the provisions of Part IV or, where the Criminal Procedure Ordinance (Cap 221) applies, that Ordinance, shall continue to apply to that patient until that date,and nothing done under this section shall have the effect of varying any order to a court. (Added 46 of 1988 s. 8) (5) This section- (a) applies to a patient who suffers from mental illness or psychopathic disorder; and (b) applies to a patient other than a patient referred to in paragraph (a) only where the 2 medical practitioners referred to in subsection (1) are, in addition to being of the opinion described in that subsection, also of the opinion that the patient is abnormally aggressive or that his conduct is seriously irresponsible. (Added 46 of 1988 s. 8) (Amended 35 of 1969 s. 2) Cap 136 s 37 (Repealed 46 of 1988 s. 9) Cap 136 s 38 Temporary transfer of patients When it appears to a medical superintendent that it would be for the benefit of any certified patient receiving treatment or special care or that it is necessary for the purpose of obtaining treatment of a particular nature for any patient, that he should be temporarily transferred to and maintained in another hospital, institution or place, the medical superintendent, if the person in charge of the other hospital, institution or place is willing to receive the patient, may arrange for such transfer. |
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