【法规名称】
【法规编号】 44126 什么是编号？
【正 文】
第11页 CAP 136 MENTAL HEALTH ORDINANCE
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[接上页] (Amended 46 of 1988 s. 10; 81 of 1997 s. 29) Cap 136 s 39 Absence on trial (1) A medical superintendent may from time to time permit a certified patient or a patient under observation to be absent from the mental hospital on trial for such periods as the medical superintendent may think proper. (Amended 46 of 1988 s. 11) (2) Any absence on trial under this section shall be subject to such conditions as the medical superintendent may prescribe. (3) In any case where a patient is absent from a mental hospital in accordance with this section, the medical superintendent may, subject to subsection (5), by notice in writing in the prescribed form to the patient or to the person for the time being in charge of the patient, revoke the permission to be absent and recall the patient to the mental hospital if he is of the opinion that it is necessary so to do in the interests of the patient's health or safety or for the protection of other persons. (Replaced 46 of 1988 s. 11) (4) If before the expiry of any period of absence which has been prescribed the medical superintendent certifies in the prescribed form that it is not necessary that the patient be detained in a mental hospital he shall be deemed to have been lawfully discharged in accordance with the provisions of this Ordinance. (Amended 46 of 1988 s. 11) (5) A patient who has been permitted to be absent from a mental hospital in accordance with the provisions of this section shall not be recalled under subsection (3) after he has ceased to be liable to be detained under this Ordinance. (Added 46 of 1988 s. 11) Cap 136 s 40 (Repealed 46 of 1988 s. 12) Cap 136 s 41 (Repealed 46 of 1988 s. 12) Cap 136 s 42 Discharge of patient before recovery (1) Where on behalf of a patient including a voluntary patient a relative or friend of the patient makes application in writing in the prescribed form to the medical superintendent- (a) stating the relationship or connection of the applicant with the patient; (b) requesting that the patient may be delivered over to the applicant; and (c) undertaking that the patient will receive proper care and will be prevented from doing injury to himself or to others and, in the case of an application by a person other than the person on whose application the patient was admitted to a mental hospital, satisfies the medical superintendent that before he made the application he served on such person notice of his intention so to do,the medical superintendent shall within 48 hours of the receipt of the application either- (i) discharge the patient to the applicant notwithstanding that the patient is still a mentally disordered person; or (ii) give to the applicant a certificate in the prescribed form stating that he refuses to discharge the patient on the ground that- (A) he is satisfied that the patient is dangerous or otherwise unfit to be at large; or (B) he is not satisfied that the patient will receive proper care.(2) (Repealed 46 of 1988 s. 13) Cap 136 s 42A Discharge of patient (1) Subject to section 42B a patient who is for the time being liable to be detained shall cease to be so liable if there is made in accordance with this section an order in writing discharging him from detention (referred to as an "order for discharge" in this section and section 42B, but subject to subsection (6) of that section). (Amended 81 of 1997 s. 30) (2) An order for discharge may be made in respect of a patient- (a) where the patient is liable to be detained in a mental hospital, by the medical superintendent; (b) (Repealed 81 of 1997 s. 30) (Added 46 of 1988 s. 14) Cap 136 s 42B Conditional discharge of patients with propensity to violence (1) Where- (a) it appears to the medical superintendent that a patient has a medical history of criminal violence or a disposition to commit such violence; but (b) the medical superintendent is of the opinion that the patient may safely be discharged subject to conditions to be specified in an order for discharge,the medical superintendent may, in the exercise of his powers under section 42A, but subject to any restriction on such power imposed by any provision of Part IV, make an order for discharge subject to compliance by the patient discharged (in this section and section 43 called "the conditionally discharged patient") with conditions. (2) Without prejudice to the power of the medical superintendent in the exercise of his powers under subsection (1) to impose such conditions as he thinks fit on an order for discharge, being conditions reasonable in the circumstances, such conditions may require the conditionally discharged patient- (a) to reside at a place specified by the medical superintendent; (b) to attend at an out-patient department of a hospital or at a clinic specified by the medical superintendent; (c) to take medication as prescribed by a medical practitioner; or (d) to be under the supervision of the Director of Social Welfare.(3) In any case where- (a) it appears to a medical superintendent that a conditionally discharged patient has failed to comply with any condition to which his order for discharge is subject; and |
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