(Cap 136 section 72) [19 January 1962] (G.N.A. 3 of 1962) Cap 136A reg 1 Citation These regulations may be cited as the Mental Health Regulations. Cap 136A reg 1A Interpretation In these regulations, unless the context otherwise requires- "Hospital Authority" (医院管理局) means the Hospital Authority established by section 3 of the Hospital Authority Ordinance (Cap 113); "postal article" (邮递品) has the meaning assigned to it by section 2 of the Post Office Ordinance (Cap 98). (L.N. 298 of 1996) Cap 136A reg 2 Forms The forms set forth in the Schedule are prescribed for the purposes of the Ordinance. Cap 136A reg 3 Responsibility of medical superintendent The medical superintendent of a mental hospital shall be responsible for the care and treatment of all patients in the mental hospital and for the maintenance of discipline and good order in the hospital. Cap 136A reg 4 Visits and telephone calls (1) A medical superintendent may refuse to permit a person other than a mental hospital visitor to visit a patient if he reasonably considers that the visit is likely to cause unnecessary distress to or adversely affect the treatment of the patient. (2) A medical superintendent may refuse to permit a patient to make or to receive a telephone call at a mental hospital if- (a) he reasonably considers that the telephone call is likely to cause unnecessary distress to or adversely affect the treatment of the patient; (b) he reasonably considers that the telephone call is likely to cause unnecessary distress to the person to whom the telephone call is made or to any other person, not being a person on the staff of the mental hospital; or (c) the person to whom the telephone call is made has given notice in writing to the medical superintendent requesting that a telephone call made to him by the patient should be disallowed. (L.N. 298 of 1996) Cap 136A reg 5 Power to open and examine any postal article, etc. Remarks: Adaptation amendments retroactively made - see 60 of 2000 s. 3 (1) Subject to subregulation (2), a medical superintendent may open and examine- (a) any postal article or any other article or thing addressed to a patient which is sent to or left at a mental hospital; (b) any postal article or other article or thing intended to be sent by a patient.(2) Subregulation (1) does not apply to any postal article or other article or thing intended to be sent by a patient to- (a) the Chief Executive; (60 of 2000 s. 3) (b) a member of the Executive Council; (L.N. 419 of 1996) (c) a member of the Legislative Council; (d)-(e) (Repealed 78 of 1999 s. 7) (f) a member of a District Council; (L.N. 419 of 1996; 8 of 1999 s. 89) (g) a Justice of the Peace; (L.N. 419 of 1996) (h) a public officer; (L.N. 419 of 1996) (i) a mental hospital visitor; (L.N. 419 of 1996) (j) the Hospital Authority; (L.N. 419 of 1996) (k) the Mental Health Review Tribunal or its secretary; or (L.N. 419 of 1996) (l) a solicitor acting for the patient. (L.N. 419 of 1996) (L.N. 298 of 1996) Cap 136A reg 5A Refusal to permit certain postal articles, etc. addressed to a patient to be delivered to that patient (1) Subject to subregulation (2), a medical superintendent may refuse to permit any postal article or other article or thing addressed to a patient to be delivered to such patient if the medical superintendent reasonably considers that such postal article or other article or thing is likely to- (a) cause unnecessary distress to or adversely affect the treatment of the patient; or (b) cause danger to any person.(2) A medical superintendent shall not exercise the power conferred by subregulation (1) in respect of any postal article or other article or thing addressed to a patient by any of the persons or bodies specified in regulation 5(2) except with the prior consent of the person or body. (L.N. 298 of 1996) Cap 136A reg 5B Refusal to permit certain postal articles, etc. intended to be sent by a patient to leave the mental hospital (1) Subject to subregulation (2), a medical superintendent may refuse to permit any postal article or other article or thing intended to be sent by a patient to leave the mental hospital if- (a) the person to whom such postal article or other article or thing is addressed has given notice in writing to the medical superintendent requesting that such should not be sent; or (b) the medical superintendent reasonably considers that such postal article or other article or thing is likely to- (i) cause danger to any person; or (ii) cause unnecessary distress to the person to whom it is addressed or to any other person, not being a person on the staff of the mental hospital.(2) Subregulation (1) does not apply to any postal article or other article or thing intended to be sent to any of the persons or bodies specified in regulation 5(2). (L.N. 298 of 1996) Cap 136A reg 5C Power to delete any part of a letter (1) Subject to subregulation (2), a medical superintendent may, in the case of a letter, delete any part of it if he reasonably considers that such part if not deleted would be likely- (a) where the letter is addressed to a patient, to cause unnecessary distress to or adversely affect the treatment of the patient; (b) where the letter is intended to be sent by a patient, to cause unnecessary distress to the person to whom it is addressed or to any other person, not being a person on the staff of the mental hospital; or (c) to cause danger to any person.(2) Subregulation (1) does not apply to- (a) any letter intended to be sent by a patient to any of the persons or bodies specified in regulation 5(2); (b) any letter addressed to a patient by any of the persons or bodies specified in regulation 5(2) except with the prior consent of the person or body. (L.N. 298 of 1996) Cap 136A reg 5D Duty to give notice Where- (a) any postal article or other article or thing addressed to a patient is not delivered to the patient under regulation 5A, or any part of a letter addressed to a patient is deleted under regulation 5C, the medical superintendent shall within 7 days after exercising the power conferred under regulation 5A or 5C (as the case may be) give notice of the fact to the patient and to the sender of the postal article or other article or thing (if known); or (b) any postal article or other article or thing intended to be sent by a patient is not permitted to leave the mental hospital under regulation 5B, or any part of a letter intended to be sent by the patient is deleted under regulation 5C, the medical superintendent shall within 7 days after exercising the power conferred under regulation 5B or 5C (as the case may be) give notice of the fact to the patient and to the person or body to whom the postal article or other article or thing is addressed. (L.N. 298 of 1996; L.N. 419 of 1996) Cap 136A reg 5E Return of postal articles, etc. to sender A medical superintendent shall- (a) in the case specified in regulation 5D(a), return such postal article or other article or thing to the sender(if known); (b) in the case specified in regulation 5D(b), return such postal article or other article or thing to the patient. (L.N. 298 of 1996) Cap 136A reg 5F Power to open any postal article, etc. includes power to open anything contained therein, etc. The powers conferred on a medical superintendent by regulations 5, 5A, 5B and 5E in relation to postal articles or other articles or things apply to anything contained in or forming part of such postal articles or other articles or things. (L.N. 298 of 1996) Cap 136A reg 6 Execution of documents (1) No patient may execute a document without the prior permission of a medical superintendent. (2) A medical superintendent may withhold permission under this regulation if he reasonably considers that the patient is of such unsound mind that he is incapable of understanding the legal implications of the execution of the document. (L.N. 298 of 1996) Cap 136A reg 7 Employment of patients (1) A medical superintendent may employ a patient on such work in a mental hospital as the medical superintendent reasonably considers to be appropriate or desirable having regard to the patient's treatment. (2) Nothing in subregulation (1) shall be construed as conferring a power on a medical superintendent to compel a patient to work. (L.N. 298 of 1996) Cap 136A reg 8 Restriction on possession by patient of certain articles or things (1) A medical superintendent may search a patient or anything in the possession of the patient if he reasonably considers that the patient has in his possession any article or thing which is likely- (a) to cause unnecessary distress to or adversely affect the treatment of the patient or any other patient; or (b) to cause danger to any person.(2) A medical superintendent may confiscate or remove from a patient any article or thing found in his possession which the medical superintendent reasonably considers is such as is referred to in subregulation (1)(a) or (b). (L.N. 298 of 1996) Cap 136A reg 9 Restriction on receipt by patient of certain articles or things (1) A medical superintendent may direct that a patient is not to receive any article or thing, or that any article or thing is not to be given to a patient, if the medical superintendent reasonably considers that the patient is of such unsound mind that he is incapable of looking after, handling or using the article or thing properly. (2) A person who in contravention of a direction given under subregulation (1) knowingly- (a) conveys to any patient; or (b) sends to, brings to, throws into or otherwise deposits in the premises of a mental hospital,any article or thing with a view to its coming into the possession of any patient, commits an offence and is liable on summary conviction to a fine at level 1. (3) Any article or thing conveyed, sent, brought, thrown or deposited in contravention of a direction given under subregulation (1) may be confiscated by a medical superintendent, whether or not a person has been convicted of an offence in connection with the contravention. (4) If a medical superintendent reasonably suspects that a person who is visiting a mental hospital has any article or thing in his possession with intent to contravene subregulation (1), he may require that person to be searched. (5) Nothing in subregulation (4) authorizes the searching of a person other than by a person of the same sex. (L.N. 298 of 1996) Cap 136A reg 10 Prohibition of entry into a mental hospital Any person who enters a mental hospital without lawful authority or excuse shall be guilty of an offence and on summary conviction shall be liable to a fine at level 1. (L.N. 298 of 1996) Cap 136A SCHEDULE [regulation 2] FORM 1 MENTAL HEALTH ORDINANCE (Chapter 136) (Section 35A(1)) APPLICATION UNDER SECTION 31 (1) FOR REMOVAL OF A PATIENT TO A MENTAL HOSPITAL FOR THE PURPOSE OF DETENTION AND OBSERVATION I, [name and address of applicant] ............................................................................. ..................., have reason to believe that [name of patient, and, if known, identity card number and address] ........................................................................................................ ...................................................................................................................................... - (a) in suffering from mental disorder of a nature or degree which warrants *his/her detention in a mental hospital for *observation/observation followed by medical treatment for at least a limited period; AND(b) ought to be so detained (See Note 1)- (i) in the interests of *his/her own health or safety; and (ii) with a view to the protection of other persons. The reasons for my belief are- I am *the [state relationship] ................................................................................. of the patient/a registered medical practitioner/a public officer in the Social Welfare Department. I have informed a relative of the patient, namely *his/her [state relationship and name and address of relative] .................................................................................................... ........................................................................................................................................ ........................................................................................ of this application (See Note 2). ORI have been unable to locate any relative of the patient in Hong Kong and it is impracticable to delay the making of an order until a relative can be found (See Note 2). I apply for an order in accordance with the provisions of section 31 (1B) of the Mental Health Ordinance authorizing the removal of the patient to a mental hospital for the purpose of detention and observation. This application is founded on the attached written opinion of a registered medical practitioner in the prescribed form. I last saw the patient on [date] .................................................................................. (See Note 3). Signed ............................................ Date .............................................. *Delete as appropriate. Notes: 1. Delete (i) or (ii) unless both apply. 2. Delete this paragraph if applicant is a relative. 3. The applicant must have seen the patient within the previous 14 days. FORM 2 MENTAL HEALTH ORDINANCE (Chapter 136) (Section 31(1A)) CERTIFICATE OF A MENTAL PRACTITIONER IN SUPPORT OF APPLICATION FOR REMOVAL OF A PATIENT TO A MENTAL HOSPITAL FOR THE PURPOSE OF DETENTION AND OBSERVATION I, [name and address of medical practitioner] ............................................................. ................................................, a registered medical practitioner, am of the opinion that [name of patient, and, if known, identity card number and address] ...................................... .............................................................................................................................. should be removed to ..................................................................................................... Hospital for the purpose of detention and observation in pursuance of an order made under section 31(1B) of the Mental Health Ordinance. I last examined this patient on [date] ..................... (See Note 1). I am of the opinion that this patient- (a) is suffering from mental disorder of a nature or degree which warrants *his/her detention in a mental hospital for *observation/observation followed by treatment for at least a limited period; AND(b) ought to be so detained (See Note 2)- (i) in the interests of *his/her own health or safety; and (ii) with a view to the protection of other persons. The grounds for the opinion I express in paragraph (a) above are as follows- The reasons for the opinion I express in paragraph (b) above are as follows- The patient *has/has not requested to see the District Judge or Magistrate. Signed ................................................... Registered Medical Practitioner Date ...................................................... * Delete as appropriate. Notes: 1. The medical practitioner who gives this certificate must have examined the patient within the previous 7 days. 2. Delete (i) or (ii) unless both apply. FORM 3 MENTAL HEALTH ORDINANCE (Chapter 136) (Section 31(1B)) ORDER BY A DISTRICT JUDGE OR MAGISTRATE AUTHORIZING THE REMOVAL OF A PATIENT TO A MENTAL HOSPITAL FOR THE PURPOSE OF DETENTION AND OBSERVATION I, [name and address]................................................................................................ ...................................................................................................................................., a *District Judge/magistrate having received an application made under section 31(1) of the Mental Health Ordinance from [name and address of applicant] ......................................... ............................................................................................................................... dated ................................. and a medical certificate in support from [name and address of registered medical practitioner] ......................................................................................... ........................................................................................................................................ ........................................................................................................................................ ............................................................................................................................... dated .......................................................................... in pursuance of section 31(1B) of the Mental Health Ordinance hereby authorize the removal of [name of patient, and, if known, identity card number and address] ..................................................................................... ........................................................................................................................................ ........................................................................................................................................ to ........................................................... Hospital for the purpose of detention and observation for a period of not exceeding 7 days from and including the date of this order. Signed ...............................................*District Judge/Magistrate Date .................................................. * Delete as appropriate. FORM 4 MENTAL HEALTH ORDINANCE (Chapter 136) (Section 32(1)) CERTIFICATE OF MEDICAL PRACTITIONERS FOR EXTENSION OF PERIOD OF DETENTION FOR OBSERVATION To: The Medical Superintendent, ............................ Hospital. We, [names and addresses of 2 medical practitioners] ................................................ ........................................................................................................................................ ...................................................................................................................................... , registered medical practitioners, *one/both of whom *has/have been approved for the purpose of section 2(2) of the Mental Health Ordinance by the Hospital Authority within the meaning of the Hospital Authority Ordinance (Cap 113) (See Note 1), hereby certify that- (a) we have examined *separately/together [name of patient, and, if known, identity card number and address] .................................................................................. ......................................................................................................................... who is detained in .............................................. Hospital by virtue of an order made on ......................... 19 ....... in accordance with the provisions of section 31(1B) of the Mental Health Ordinance;(b) we are of the opinion that it is necessary that this patient be detained for a further period of ........................................ days for the purpose of observation, investigation and treatment (See Note 2).The reasons for my opinion are- Signed .....................................................Registered Medical Practitioner Date ........................................................ The reasons for my opinion are- Signed ..................................................... Registered Medical Practitioner Date ........................................................ Countersigned in accordance with the provisions of section 32(2) of the Mental Health Ordinance. Signed ...........................................District Judge Date ............................................... * Delete as appropriate. Notes: 1. At least one of the registered medical practitioners who signs this certificate must be approved for the purpose of section 2(2) of the Ordinance by the Hospital Authority within the meaning of the Hospital Authority Ordinance (Cap. 113). 2. Only one extension of not more than 21 days from the expiry of the order under section 31(1B) of the Mental Health Ordinance is permitted. (68 of 1990 s. 24) FORM 5 MENTAL HEALTH ORDINANCE (Chapter 136) (Section 35A(1)) APPLICATION FOR ADMISSION INTO GUARDIANSHIP UNDER SECTION 33(1) To: The Director of Social Welfare. PART I I, [name and address of applicant] ........................................................................... ..................................................................................................., have reason to believe that- (a) [name of patient, and, if known, identity card number and address] ....................... ......................................................................................................................... ......................................................................................................................... is suffering from mental disorder of a nature or degree which warrants *his/her reception into guardianship under section 33(1) of the Mental Health Ordinance;AND (b) it is necessary that the patient should be so received (See Note 1)- (i) in the interests of the welfare of the patient; and (ii) for the protection of other persons.The reasons for my belief are- *The patient is aged ..................... OR [if the patient's age is not known] *I believe that the patient has attained the age of 18 years. I am *the [state relationship] ...................... of the patient/a registered medical practitioner/a public officer in the Social Welfare Department. I have consulted a relative of the patient, namely *his/her [state relationship and name and address of relative] .................................................................................................... ........................................................................................................................................ ........................................................................................................................................ about this application (See Note 2). OR I have been unable to locate any relative of the patient in Hong Kong (See Note 2). I apply for the patient to be received into the guardianship of [proposed guardian's name] .............................................................................................................................. ...................................................... in accordance with the provisions of section 33 of the Mental Health Ordinance (See Notes 3 & 4). This application is founded on the attached written opinions in the prescribed form of 2 registered medical practitioners. I last saw the patient on [date] .................................................................................. (See Note 5). Signed ............................................. Date ............................................... PART II (See Note 6) I, [proposed guardian's name, address and identity card number] ................................ ........................................................................................................................................ ............................................................. , am willing to act as the guardian of [name of patient] ...................................................................................................... in accordance with section 33 of the Mental Health Ordinance. Signed ...................................... Date ......................................... * Delete as appropriate. Notes: 1. Delete (i) or (ii) unless both apply. 2. Delete this paragraph if applicant is a relative. 3. A gurdianship application should be forwarded to the Director of Social Welfare within 14 days of the patient's last examination by a registered medical practitioner for the purposes of the application. 4. The person named as guardian in a guardianship application may be the Director of Social Welfare or any other person (including the applicant). 5. The applicant must have seen the patient within the previous 14 days. 6. Part II to be completed only if proposed guardian is not the Director of Social Welfare. (L.N. 184 of 1992) FORM 6 MENTAL HEALTH ORDINANCE (Chapter 136) (Section 33(3)) CERTIFICATE OF MEDICAL PRACTITIONERS IN SUPPORT OF APPLICATION FOR GUARDIANSHIP We, [names and addresses of two medical practitioners] ............................................ ....................................................................................................................................... ....................................................................................................................................... ....................................................................................................................................... registered medical practitioners, *one/both of whom *has/have been approved for the purpose of section 2(2) of the Mental Health Ordinance by the Hospital Authority within the meaning of the Hospital Authority Ordinance (Cap 113) (See Note 1), are of the opinion that [name of patient, and, if known, identity card number and address] ..................................... ....................................................................................................................................... ........................................................................................................................................ ................................................................ should be received into guardianship in pursuance of an application made under section 33(1) of the Mental Health Ordinance. I, [name of first practitioner]...................................................................................... ................................................................................................................... last examined the patient on ................................................................... In my opinion this patient is suffering from mental disorder of a nature or degree which warrants reception into guardianship under the Mental Health Ordinance. This opinion is founded on the following- [Give clinical description of the patient's mental condition] I am of the opinion that it is necessary (See Note 2)- (a) in the interests of the welfare of the patient; and (b) for the protection of other persons, that the patient should be so received for the following reasons- [Reasons should state why the patient cannot appropriately be cared for without powers of guardianship] Signed ....................................................Registered Medical Practitioner Date ........................................................ I, [name of second practitioner] ............................................................................... ......................................................................................................., last examined the patient on ...................................................................... In my opinion this patient is suffering from mental disorder of a nature or degree which warrants reception into guardianship under the Mental Health Ordinance. This opinion is founded on the following- [Give clinical description of the patient's mental condition] I am of the opinion that it is necessary (See Note 2)- (a) in the interests of the welfare of the patient; and (b) for the protection of other persons, that the patient should be so received for the following reasons- [Reasons should state why the patient cannot appropriately be cared for without powers of guardianship] Signed .....................................................Registered Medical Practitioner Date ........................................................ * Delete as appropriate. Notes: 1. At least one of the registered medical practitioners who signs this certificate must be approved for the purpose of section 2(2) of the Mental Health Ordinance by the Hospital Authority within the meaning of the Hospital Authority Ordinance (Cap 113). 2. Delete (a) or (b) unless both apply. (68 of 1990 s. 24) FORM 7 MENTAL HEALTH ORDINANCE (Chapter 136) (Section 36) CERTIFICATE OF MEDICAL PRACTITIONERS AS TO MENTAL DISORDER To: *The Medical Superintendent, ................................ Hospital. (See Note 1) *The Commissioner of Correctional Services (See Note 1) We, [names and addresses of two medical practitioners] ............................................ ........................................................................................................................................ ........................................................................................................................................ ..................................................................................., registered medical practitioners, *one/both of whom *has/have been approved for the purpose of section 2(2) of the Mental Health Ordinance by the Hospital Authority within the meaning of the Hospital Authority Ordinance (Cap. 113) (See Note 2), have *separately/together examined [name of patient, and, if known, identity card number] ..................................................... who is- *(a) a patient liable to be detained in a mental hospital or in the Correctional Services Department Psychiatric Centre; or *(b) a voluntary patient in a mental hospital who on [date on which notice was given under section 30(2)(a) of the Mental Health Ordinance] .................................... gave due notice of his intention to leave the hospital. In pursuance of section 36(1) of the Mental Health Ordinance we hereby certify as follows- I, [name of first practitioner] ..................................................................................., last examined the patient on ............................................... In my opinion this patient is suffering from mental disorder of a nature or degree which makes it appropriate for *him/her to receive medical treatment in hospital. This opinion is founded on the following- [Give clinical description of the patient's mental condition] *I am of the opinion that (See Note 3)- (a) the patient is abnormally aggressive; and (b) the patient's conduct is seriously irresponsible (See Note 4). *I am of the opinion that it is necessary (See Note 3)- (a) for the health or safety of the patient; and (b) for the protection of other persons, that the patient should receive such treatment and it cannot be provided unless *he/she is detained under section 36 of the Mental Health Ordinance for the following reasons- [Reasons should state why patient cannot appropriately be treated without being detained in hospital] Signed .....................................................Registered Medical Practitioner Date ........................................................ I, [name of second practitioner] ............................................................................... last examined the patient on ....................................................................... In my opinion this patient is suffering from mental disorder of a nature or degree which makes it appropriate for *him/her to receive medical treatment in hospital. This opinion is founded on the following- [Give clinical description of the patient's mental condition] *I am of the opinion that (See Note 3)- (a) the patient is abnormally aggressive; and (b) the patient's conduct is seriously irresponsible (See Note 4). I am of the opinion that it is necessary (See Note 3)- (a) for the health or safety of the patient; and (b) for the protection of other persons, that the patient should receive such treatment and it cannot be provided unless he is detained under section 36 of the Mental Health Ordinance for the following reasons- [Reasons should state why patient cannot appropriately be treated without being detained in hospital] Signed .....................................................Registered Medical Practitioner Date ........................................................ Countersigned in accordance with the provisions of section 36(2) of the Mental Health Ordinance. Signed .....................................................District Judge Date ....................................................... * Delete as appropriate. Notes: 1. Where the patient is detained under a hospital order or sentence of imprisonment, the procedures under section 36(1) and (2) of the Mental Health Ordinance shall not be commenced more than 30 days before the date he or she would, in the absence of such procedures, be released from detention. 2. At least one of the registered medical practitioners who signs this certificate must be approved for the purpose of section 2(2) of the Mental Health Ordinance by the Hospital Authority within the meaning of the Hospital Authority Ordinance (Cap 113). 3. Delete (a) or (b) unless both apply. 4. A patient who is neither suffering from mental illness nor psychopathic disorder may not be certified under section 36 of the Mental Health Ordinance unless he or she is abnormally aggressive or his or her conduct is seriously irresponsible. (L.N. 76 of 1989; 68 of 1990 s. 24; L.N. 184 of 1992) FORM 8 MENTAL HEALTH ORDINANCE (Chapter 136) (Section 39(3)) NOTICE OF REVOCATION OF PERMISSION TO BE ABSENT ON TRIAL To: [name of patient, and, if known, identity card number and address] .............................. ................................................................................................................................ In pursuance of section 39(3) of the Mental Health Ordinance I, ............................... , Medical Superintendent of ............................................................................................... Hospital, give you notice that permission for you to be absent on trial from [date] ................. is hereby revoked and you are required to return to ................................. Hospital forthwith (See Note 1). I am of the opinion that your recall is necessary (See Note 2)- (a) in the interests of your own health or safety; and (b) for the protection of other persons. Please note that if you do not return to .......................................... Hospital forthwith, then (See Note 3) [for a period of 28 days from the date of the service of this notice] you may be taken into custody and return to ................................... Hospital by any officer or servant of the Hospital or any person authorized by me. Signed .................................................Medical Superintendent Date ..................................................... Notes: 1. A patient may not be recalled in pursuance of section 39(3) of the Mental Health Ordinance after he or she has ceased to be liable to be detained under the Ordinance. 2. Delete (a) or (b) unless both apply. 3. Delete words in square brackets if the patient is liable to detention under a hospital order other than one endorsed under section 45(1A) of the Mental Health Ordinance. FORM 9 MENTAL HEALTH ORDINANCE (Chapter 136) (Section 39(4)) CERTIFICATE THAT A PATIENT WHO IS ABSENT ON TRIAL NEED NOT BE FURTHER DETAINED I, .............................................................................................................. , Medical Superintendent of the .......................................................................................... Hospital, certify in accordance with the provisions of section 39(4) of the Mental Health Ordinance that it is not necessary that [name of patient, and, if known, identity card number] ................ ........................................................................................................................................ ........................................................................................................................................ who was detained in that hospital as a *certified patient/patient under observation and who is now absent on trial from that hospital, be detained under the Mental Health Ordinance. Signed .............................................Medical Superintendent Date ............................................... * Delete as appropriate. FORM 10 MENTAL HEALTH ORDINANCE (Chapter 136) (Section 42) APPLICATION FOR DISCHARGE OF A PATIENT BEFORE RECOVERY To: The Medical Superintendent, ..................................................................................... ........................................................................................... Hospital. I, [name and address of *relative/friend] .................................................................... ........................................................................................................................................ ........................................................................................................................................ make application in accordance with the provisions of section 42(1) of the Mental Health Ordinance for the discharge of [name of patient, and, if known, identity card number] ................................................................. from the above-named Mental Hospital. My relationship or connection with the said patient is that of a ................................... I request that the said patient may be delivered over to me. I undertake that the said patient will receive proper care and will be prevented from doing injury to *himself/herself or to others. *I am the person upon whose application the said patient was admitted to a mental hospital. OR *I have given notice of this application to .................................................................. the person upon whose application the said patient was admitted to a mental hospital. Signed ......................................... Date ............................................ * Delete as appropriate. Note: The patient must be discharged within 48 hours unless the Medical Superintendent completes Form 11. FORM 11 MENTAL HEALTH ORDINANCE (Chapter 136) (Section 42) CERTIFICATE OF REFUSAL TO DISCHARGE A PATIENT I, .........................................................................................., Medical Superintendent of ............................................................................................................. Hospital, in pursuance of section 42(1) of the Mental Health Ordinance certify that I refuse to discharge [name of patient, and, if known, identity card number] ...................................... ........................................................................................................................................ a *voluntary patient/certified patient/patient under observation on the grounds that- *I am satisfied that the said patient is dangerous or otherwise unfit to be at large. OR*I am not satisfied that the said patient will receive proper care. Signed ....................................................Medical Superintendent Date ...................................................... * Delete as appropriate. FORM 12 MENTAL HEALTH ORDINANCE (Chapter 136) (Section 42B(3)) NOTICE OF RECALL OF A CONDITIONALLY DISCHARGED PATIENT To: [name of patient, and, if known, identity card number and address] ...................................................................................................... In pursuance of section 42B(3) of the Mental Health Ordinance I, .............................. ......................................, *Medical Superintendent of ...................................................... Hospital/medical officer authorized by the Secretary for Health, Welfare and Food, *recall/call you to ............................................................................................................. Hospital *forthwith/within ...................... days of the date of service of this notice (See Note 1). (a) It appears to me that you have failed to comply with the following conditions to which your discharge on [date] ...................... was subject- [list breaches of condition] AND(b) I am of the opinion that your *recall/call to a mental hospital is necessary (See Note 2)- (i) in the interests of your own health or safety; and (ii) for the protection of other persons. Please note that if you do not attend at ...................................................................... .......................................................................................... Hospital as required by this notice, then (See Note 3) [for a period of 28 days from the date of service of this notice] you may be detained and taken into custody and removed to ..................................................... .......................................... Hospital by any officer or servant of the Hospital or any person authorized by me. Signed ............................................................... Medical Superintendent/Medical Officer Date ................................................................. * Delete as appropriate. Notes: 1. A patient recalled/called to a mental hospital in pursuance of section 42B(3) of the Mental Health Ordinance shall upon admission to a mental hospital be deemed to have been detained under section 31 of the Mental Health Ordinance. 2. Delete (i) or (ii) unless both apply. 3. Delete words in square brackets if the patient prior to conditional discharge was detained under a hospital order other than one endorsed under section 45(1A) of the Mental Health Ordinance. (L.N. 416 of 1989; 68 of 1990 s. 24; L.N. 106 of 2002)
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