【法规名称】
【法规编号】 44126 什么是编号？
【正 文】
第12页 CAP 136 MENTAL HEALTH ORDINANCE
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[接上页] (b) the medical superintendent is of the opinion that it is necessary in the interests of the patient's health or safety, or for the protection of other persons, to recall the patient to a mental hospital,the medical superintendent may, by notice in writing in the prescribed form to the conditionally discharged patient or to the person in charge of the conditionally discharged patient, recall the patient to the mental hospital and, upon the giving of the notice to the patient, or at such subsequent time as may be stated in the notice, the patient may be detained and section 43(5) shall apply accordingly. (4) Any conditionally discharged patient recalled to a mental hospital under subsection (3) shall, upon admission to that hospital, be deemed to have been detained therein under section 31 and, for the purposes of that section, the patient shall be deemed to have been detained in that hospital in pursuance of an order under section 31(1B) made at the time of admission. (5) The medical superintendent may at any time by notice in writing to the conditionally discharged patient vary the conditions of his discharge. (6) This section shall apply to a person who is admitted to the Correctional Services Department Psychiatric Centre in pursuance of a hospital order with the following modifications- (a) references in subsections (1) and (2) to the medical superintendent shall be construed as references to the Commissioner of Correctional Services and references to the exercise of the medical superintendent's powers under section 42A as references to any power vested in the Commissioner to discharge a person from the Centre; (b) references to an order of discharge shall be construed as references to an order of discharge by the Commissioner of Correctional Services with the consent of the Chief Executive given under section 47(1A)(b); (Amended 60 of 2000 s. 3) (c) references in subsections (3), (4) and (5) to the medical superintendent shall be construed as references to a medical officer authorized for the purposes of those subsections in writing by the Secretary for Health, Welfare and Food; and (Amended L.N. 76 of 1989; 68 of 1990 s. 24; L.N. 106 of 2002) (d) references in subsection (3) or (4) to recall to a mental hospital shall be construed as references to call to a mental hospital specified by such medical officer in the notice given under subsection (3),and the power to discharge the patient at any time subsequent to the making of the order of conditional discharge may be exercised by that medical officer who shall have, in that respect, the power of a medical superintendent under section 42A. (Added 46 of 1988 s. 14) Cap 136 s 43 Detention and recapture (1) Every patient received into a mental hospital under the authority of this Ordinance may, subject to this Ordinance, be detained therein until he is removed or discharged in accordance with this Ordinance. (2) Where a patient who is for the time being liable to be detained in a mental hospital under this Ordinance escapes, he may, subject to the provision of this section, be taken into custody and returned to the mental hospital by the medical superintendent, any officer or servant of such hospital, any person authorized by the medical superintendent or any police officer. (3) Where a person who is for the time being liable to be detained under this Ordinance- (a) fails to return to the mental hospital on any occasion on which, or at the expiration of any period for which, permission to be absent was granted under section 39, or upon being recalled under that section; or (b) absents himself without permission from any place where he is required to reside in accordance with conditions imposed on the grant of leave of absence under that section,he may, subject to this section, be taken into custody and returned to the mental hospital by the medical superintendent, any officer or servant of such hospital, or any person authorized by the medical superintendent. (4) (Repealed 81 of 1997 s. 31) (5) Where a conditionally discharged patient- (a) fails to return to the mental hospital upon being recalled under section 42B(3) or called there under section 42B(6)(d); or (b) absents himself without permission from any place where he is required to reside in accordance with conditions imposed on his discharge under section 42B,he may be taken into custody and returned to the mental hospital by the medical superintendent, or any officer or servant of the hospital, or any other person authorized by the medical superintendent: Provided that where section 42B(6) applies references in this section to the medical superintendent shall be construed as referring to the medical superintendent of the mental hospital specified in the notice given under section 42B(3). (6) A patient shall not be taken into custody under this section after the expiration of 28 days beginning with the first day of his absence without leave, or, in the case of a failure to return to a mental hospital, the day on which the obligation to return arose, and a patient who has not returned or been taken into custody under this section within that period shall cease to be liable to be detained at the expiration of that period: (Amended 81 of 1997 s. 31) |
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