【法规名称】
【法规编号】 44126 什么是编号？
【正 文】
第2页 CAP 136 MENTAL HEALTH ORDINANCE
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[接上页] "mentally incapacitated person" (精神上无行为能力的人) means- (a) for the purposes of Part II, a person who is incapable, by reason of mental incapacity, of managing and administering his property and affairs; or (b) for all other purposes, a patient or a mentally handicapped person, as the case may be; (Added 81 of 1997 s. 3)"patient" (病人) means a person suffering or appearing to be suffering from mental disorder; (Replaced 46 of 1988 s. 2) "patient under observation" (接受观察病人) means a person who is detained in a mental hospital in accordance with the provisions of section 31 or 32; "prescribed form" (订明表格) means a form provided by regulations; (Amended 46 of 1988 s. 2) "psychopathic disorder" (精神病理障碍) means a persistent disorder or disability of personality (whether or not including significant impairment of intelligence) which results in abnormally aggressive or seriously irresponsible conduct on the part of the person concerned; (Added 46 of 1988 s. 2. Amended 81 of 1997 s. 3) "registered dentist" (注册牙医) has the same meaning as in the Dentists Registration Ordinance (Cap 156); (Added 81 of 1997 s. 3) "registered medical practitioner" (注册医生) means a person who is registered or who is deemed to be registered in accordance with the provisions of the Medical Registration Ordinance (Cap 161); "Registrar" (司法常务官) means the Registrar of the High Court; (Amended 25 of 1998 s. 2) "regulations" (规例) means regulations made under section 72; (Added 46 of 1988 s. 2) "relative" (亲属), in relation to a mentally incapacitated person, means any of the following persons being, in the case of persons referred to in paragraphs (b) to (i) of this definition, persons who have attained the age of 18 years- (a) spouse or reputed spouse; (b) child or child's spouse; (c) parent or parent-in-law; (d) sibling or sibling's spouse; (e) grandparent or grandparent-in-law; (f) grandchild or grandchild's spouse; (g) uncle or aunt; (h) nephew or niece or spouse of nephew or niece; (i) cousin or cousin's spouse; (j) any person with whom the mentally incapacitated person resides or has resided; (Replaced 81 of 1997 s. 3)"sub-average general intellectual functioning" (低于平均的一般智能) means an IQ of 70 or below according to the Wechsler Intelligence Scales for Children or an equivalent scale in a standardized intelligence test; (Added 81 of 1997 s. 3) "transfer order" (转移令) means an order issued in accordance with the provisions of section 52 or 53; "tribunal" (审裁处) means the Mental Health Review Tribunal established under section 59A; (Replaced 46 of 1988 s. 2) "Voluntary patient" (自愿入院病人) means a person who has been admitted into and is in a mental hospital in accordance with the provisions of section 30. (2) Of the medical certificates given for the purposes of section 7(5) or the opinions given for the purposes of sections 36 and 59M, at least one shall be given by a practitioner approved for the purposes of this section by the Hospital Authority within the meaning of the Hospital Authority Ordinance (Cap 113) as having special experience in the diagnosis or treatment of mental disorder or having special experience in the assessment or determination of mental handicap, as the case may be. (Added 46 of 1988 s. 2. Amended L.N. 76 of 1989; 68 of 1990 s. 24; 81 of 1997 s. 3) (3) In deducing relationships for the purposes of this section, any relationship of the half-blood shall be treated as a relationship of the whole blood, an illegitimate person shall be treated as the legitimate child of his mother, and an adopted child as a child of the adopting parent. (Added 46 of 1988 s. 2) (4) Any function vested in the Director of Social Welfare or any power conferred on him by or under this Ordinance may be exercised on his behalf by any public officer authorized in that behalf by the Director of Social Welfare. (Added 46 of 1988 s. 2. Amended 81 of 1997 s. 3) (5) Nothing in subsection (1) shall be construed as implying that a person may be dealt with under this Ordinance as suffering from mental disorder, or from any form of mental disorder described in that subsection, by reason only of promiscuity or other immoral conduct, sexual deviancy or dependence on alcohol or drugs. (Added 46 of 1988 s. 2) (6) For the purposes of this Ordinance, any reference to "medical superintendent" may be construed to include a reference to any alternative title (such as "hospital chief executive") as may be used from time to time by the Hospital Authority. (Added 81 of 1997 s. 3) Cap 136 s 3 Declaration of mental hospitals Remarks: Adaptation amendments retroactively made - see 60 of 2000 s. 3 (1) The Chief Executive may by order declare any place which is the property of the Government to be a mental hospital for the detention, custody, treatment and care of mentally disordered persons. (2) The Chief Executive on the application of the owner thereof, may, by order, declare any place which is not the property of the Government to be a mental hospital for the detention, custody, treatment and care of mentally disordered persons. |
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