【法规名称】
【法规编号】 44126 什么是编号？
【正 文】
第13页 CAP 136 MENTAL HEALTH ORDINANCE
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[接上页] Provided that nothing in this subsection shall apply in the case of a person who is or was liable to detention under a hospital order which is not endorsed under section 45(1A), whether or not he was, prior to the event giving rise to the power to take him into custody under this section, in actual detention, absent on permission granted under section 39 or conditionally discharged from detention under that order. (7) Where by virtue of this section a person is detained, taken into custody or returned to a mental hospital, such reasonable force may be used as is necessary for the purpose. (Replaced 46 of 1988 s. 14) Cap 136 s 44 Removal of patient from Hong Kong (1) Where an alien or any person not domiciled in Hong Kong is detained as a patient and it appears expedient that he should be removed to the country of which he is a national, the Chief Secretary for Administration if satisfied that his removal is likely to be for his benefit, and that proper arrangements have been made for such removal and for his subsequent care and treatment, may, by warrant, direct the patient to be delivered to the person named in the warrant for the purpose of removal to the country of which he is a national, and every such warrant shall be obeyed by the person or authority having the charge of the person named therein. (Amended 81 of 1997 s. 32; L.N. 362 of 1997) (2) A warrant under this section shall be sufficient authority for the master of any vessel or captain of any aircraft or the guard on any train to receive and detain the patient on board such vessel, aircraft or train for the purpose of conveying him to his destination. (3) Any order of removal made under this section shall be addressed to the medical superintendent of the mental hospital in which the patient is at the time detained and shall direct him to deliver up the patient to the person mentioned in such order at such place and in such manner as may be specified in the said order for the purpose of such removal as aforesaid; and the patient shall be delivered up accordingly. (4) Any patient removed from Hong Kong in accordance with the provisions of this section shall not return to Hong Kong except by permission of the Chief Secretary for Administration. (Amended L.N. 362 of 1997) (Amended 46 of 1988 s. 32) Cap 136 s 44A Power of court or magistrate to make guardianship order PART IIIA GUARDIANSHIP OF PERSONS CONCERNED IN CRIMINAL PROCEEDINGS (1) Where- (a) section 76(1) of the Criminal Procedure Ordinance (Cap 221) applies to a person; (b) the court or magistrate concerned is satisfied, on the written or oral evidence of 2 or more registered medical practitioners (of whom not less than 2 shall be psychiatrists on the Specialist Register established under section 6(3) of the Medical Registration Ordinance (Cap 161)), that- (Amended 32 of 2000 s. 9) (i) the person is mentally i |
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