【法规名称】
【法规编号】 44126 什么是编号？
【正 文】
第9页 CAP 136 MENTAL HEALTH ORDINANCE
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[接上页] (4) A medical superintendent may detain in a mental hospital, for observation and treatment, a person who has been admitted as a voluntary patient until the expiration of 7 days from the time when such notice as is referred to in subsection (2)(a) has been given or, in the case of a person who was admitted as a voluntary patient when he was less than 16 years of age, until the expiration of 28 days after the voluntary patient has attained the age of 16 years. Cap 136 s 31 Detention of a patient under observation (1) An application may be made to a District Judge or magistrate for an order for the detention of a patient for observation on the grounds that the patient- (a) is suffering from mental disorder of a nature or degree which warrants his detention in a mental hospital for observation (or for observation followed by medical treatment) for at least a limited period; and (b) ought to be so detained in the interests of his own health or safety or with a view to the protection of other persons. (Replaced 46 of 1988 s. 5)(1A) An application for an order for the detention of a patient for observation shall be founded on the written opinion in the prescribed form of a registered medical practitioner who has examined the patient within the previous 7 days, which opinion shall include- (a) a statement that in the opinion of the practitioner the conditions set out in subsection (1) are satisfied; (b) such particulars as may be prescribed of the grounds for that opinion so far as it relates to the conditions set out in subsection (1)(a); and (c) a statement of the reasons for that opinion so far as it relates to the conditions set out in subsection (1)(b). (Added 46 of 1988 s. 5)(1B) Upon receipt of an application under subsection (1) the District Judge or magistrate may make an order in the prescribed form authorizing the removal of the patient to a mental hospital for the purpose of detention and observation during the period not exceeding 7 days from and including the date of the order. (Added 46 of 1988 s.5) (2) Every such order shall have the effect of authorizing the applicant and every public officer with such assistance in each case as may be necessary, to use such reasonable force as may be necessary in order to remove to a mental hospital the patient and if for any reason it is not practicable forthwith to remove him to a mental hospital to detain him in a place of safety for a period not exceeding 48 hours. (Amended 46 of 1988 s. 5) (3) Where the patient has requested to see the District Judge or magistrate before such Judge or magistrate determines whether or not to make an order under subsection (1B)- (a) the District Judge or magistrate shall not make the order until he has seen the patient; and (b) a certificate by the registered medical practitioner who furnished the opinion for the purposes of subsection (1A) as to whether or not the patient has made such a request shall be sufficient evidence of the fact thereof. (Replaced 46 of 1988 s. 5)(4) 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 or under section 32. Cap 136 s 32 Extension of period of detention of a patient under observation (1) If a patient under observation 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 it is necessary that the patient under observation should be detained in a mental hospital for a further period for the purpose of observation, investigation and treatment, they may complete a certificate in the prescribed form and forward it to a District Judge. (Amended 35 of 1969 s. 2) (2) If a District Judge who has received a certificate in accordance with the provisions of subsection (1) is of the opinion that it is necessary for the person named in the certificate to be detained in a mental hospital for a further period of observation, investigation and treatment, he shall countersign the certificate and shall forward it to the medical superintendent of the mental hospital in which the person is detained. (Amended 35 of 1969 s. 2) (3) Only one extension of not more than 21 days shall be made in accordance with this section to any order made in accordance with section 31. (Amended 46 of 1988 s. 6) (4) Subject to section 36, no person shall be detained in a mental hospital after the expiration of the period of any order made in accordance with section 31 and of any extension thereto made in accordance with this section unless he has become a voluntary patient. (Amended 46 of 1988 s. 6) Cap 136 s 33 (Repealed 81 of 1997 s. 24) Cap 136 s 34 (Repealed 81 of 1997 s. 25) Cap 136 s 35 (Repealed 81 of 1997 s. 26) Cap 136 s 35A General provisions as to applications (1) Subject to the provisions of this section, an application under section 31(1) for detention for observation shall be in the prescribed form and may be made by- |
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