To amend and consolidate the law relating to mental incapacity and the care and supervision of mentally incapacitated persons, to provide for the management of the property and affairs of mentally incapacitated persons, to provide for the reception, detention and treatment of mentally incapacitated persons who are mentally disordered persons or patients, to provide for the guardianship of such patients and for mentally incapacitated persons generally, to make provision for the giving of consent for treatment or special treatment in respect of mentally incapacitated persons who have attained 18 years of age, to provide for the removal of objectionable terminology relating to mental incapacity in other statutory provisions and to provide for matters incidental or consequential thereto. (Replaced 81 of 1997 s. 2) [19 January 1962] G.N.A. 2 of 1962 (Originally 35 of 1960) Cap 136 s 1 Short title PART I PRELIMINARY This Ordinance may be cited as the Mental Health Ordinance. Cap 136 s 2 Interpretation (1) In this Ordinance, unless the context otherwise requires- "approved social worker" (认可社会工作者) means a social worker approved for the purposes of this Ordinance by the Director of Social Welfare; (Added 46 of 1988 s. 2. Amended 81 of 1997 s. 3) "certified patient" (实证病人) means a person who is detained in a mental hospital in accordance with the provisions of section 36; "chairman" (主席) means chairman of the tribunal; (Added 46 of 1988 s. 2) "Correctional Services Department Psychiatric Centre" (惩教署精神病治疗中心) means the Correctional Services Department Psychiatric Centre set apart as a prison under section 4 of the Prisons Ordinance (Cap 234); (Added 37 of 1973 s. 2) "Court" (原讼法庭) means the Court of First Instance and any judge of the Court of First Instance; (Replaced 25 of 1998 s. 2) "Director of Social Welfare" (社会福利署署长) includes an assistant director of social welfare; "guardian" (监护人)- (a) in relation to a person under the age of 16 years to whom section 30 applies, means any other person having charge of that first-mentioned person or the Director of Social Welfare; (b) in relation to a person under the age of 18 years other than a person to whom paragraph (a) applies, means any other person having charge of that first-mentioned person; (c) in relation to a person subject to a guardianship order under Part IIIA, means the Director of Social Welfare, or such other person as may be specified in the order, as the case may be; or (d) under Part IVB, means the person so appointed under that Part in respect of a mentally incapacitated person who has attained the age of 18 years; (Replaced 81 of 1997 s. 3)"hospital order" (入院令) means an order made in accordance with the provisions of section 45, 49, 54 or 54A or an order having the effect that a person shall be treated as if he were liable to be detained by an order under any of those sections; (Amended 37 of 1973 s. 2; 46 of 1988 s. 2) "IQ" (智商) means intelligence quotient; (Added 81 of 1997 s. 3) "medical officer" (公职医生) means a registered medical practitioner in the full time employment of Government or the Hospital Authority within the meaning of the Hospital Authority Ordinance (Cap 113); (Amended 68 of 1990 s. 24) "medical superintendent" (院长) means the medical superintendent or an assistant medical superintendent of a mental hospital appointed in accordance with the provisions of section 4; "mental disorder" (精神紊乱) means- (a) mental illness; (b) a state of arrested or incomplete development of mind which amounts to a significant impairment of intelligence and social functioning which is associated with abnormally aggressive or seriously irresponsible conduct on the part of the person concerned; (c) psychopathic disorder; or (d) any other disorder or disability of mind which does not amount to mental handicap,and "mentally disordered" (精神紊乱) shall be construed accordingly; (Replaced 81 of 1997 s. 3)"mental handicap" (弱智) means sub-average general intellectual functioning with deficiencies in adaptive behaviour, and "mentally handicapped" shall be construed accordingly; (Added 81 of 1997 s. 3) "mental hospital" (精神病院) means any place declared to be a mental hospital in accordance with the provisions of section 3; "mental hospital visitor" (精神病院视察人员) means a person appointed to be a mental hospital visitor in accordance with the provisions of section 5 while he is so appointed; "mental incapacity" (精神上无行为能力) means- (a) mental disorder; or (b) mental handicap,and "mentally incapacitated" (精神上无行为能力) shall be construed accordingly; (Added 81 of 1997 s. 3)"mentally disordered person" (精神紊乱的人) means a person suffering from mental disorder; (Added 81 of 1997 s. 3) "mentally handicapped person" (弱智人士) means a person who is or appears to be mentally handicapped; (Added 81 of 1997 s. 3) "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. (3) Notification of every such order shall be published in the Gazette. (Amended 60 of 2000 s. 3) Cap 136 s 4 Appointment of medical superintendents and assistant medical superintendents Remarks: Adaptation amendments retroactively made - see 60 of 2000 s. 3 (1) The Chief Executive may appoint any medical officer to be the medical superintendent or an assistant medical superintendent of a mental hospital. (2) On the application of any registered medical practitioner who is not a medical officer, the Chief Executive may appoint the registered medical practitioner to be the medical superintendent or an assistant medical superintendent of a mental hospital. (Amended 81 of 1997 s. 4) (3) Notification of every such appointment shall be published in the Gazette. (Amended 60 of 2000 s. 3) Cap 136 s 5 Appointment and duties of visitors Remarks: Adaptation amendments retroactively made - see 60 of 2000 s. 3 (1) The Chief Executive may appoint mental hospital visitors for every mental hospital. (Amended 60 of 2000 s. 3) (2) Two or more mental hospital visitors appointed in accordance with subsection (1) shall once at least in every month, together inspect every part of the mental hospital of which they are mental hospital visitors and shall see and examine so far as circumstances permit, every patient therein and shall enter in a book to be kept for that purpose any remarks which they may deem proper in regard to the management and condition of the mental hospital and the patients therein. (Amended 46 of 1988 s.3) Cap 136 s 6 Delegation A medical superintendent may delegate any of his powers and functions under this Ordinance to any registered medical practitioner and may use and employ to carry out his functions under this Ordinance any employee in a mental hospital. Cap 136 s 7 Court may order inquiry PART II MANAGEMENT OF PROPERTY AND AFFAIRS OF MENTALLY INCAPACITATED PERSONS (Replaced 81 of 1997 s. 5) (1) The Court may, on application under this section, make an order directing an inquiry whether any person subject to the jurisdiction of the Court who is alleged to be mentally incapacitated is incapable, by reason of mental incapacity, of managing and administering his property and affairs. (Replaced 81 of 1997 s. 6) (2) Such order may also contain directions for inquiries concerning the nature of the property belonging to the person alleged to be mentally incapacitated, the persons who are his relative or next-of-kin, the time during which he has been mentally incapacitated or such other questions as to the Court shall seem proper. (Amended 81 of 1997 ss. 6 & 58) (3) Application for such inquiry may be made by any relative of the person alleged to be a mentally incapacitated person, but if no such application is made by the relative, then by- (a) the Director of Social Welfare; (b) the Official Solicitor; or (c) any guardian of that person appointed under Part IVB. (Replaced 81 of 1997 s. 6)(4) The application referred to in subsection (3) shall be made by an originating summons (within the meaning of the Rules of the High Court (Cap 4 sub. leg.)) and those Rules shall apply accordingly. (Added 81 of 1997 s. 6. Amended 25 of 1998 s. 2) (5) Despite subsection (4), the application referred to in subsection (3) shall be accompanied by 2 medical certificates and evidence of the relatives or next-of-kin and the property (if any) of the mentally incapacitated person, and such other documents or evidence as may be required by the Court. (Added 81 of 1997 s. 6) (6) In this section- "evidence of the relatives or next-of-kin and the property" (关于亲属或最近亲及财产的证据) means a certificate made and signed by the applicant or, if the Court so orders in a particular case, an affidavit, giving particulars of the mentally incapacitated person's relatives or next-of-kin, property and affairs and of the circumstances giving rise to the application; "medical certificate" (医生证明书) means a certificate made and signed by a registered medical practitioner that the mentally incapacitated person is incapable, by reason of mental incapacity, of managing and administering his property and affairs. (Added 81 of 1997 s. 6) Cap 136 s 8 Provision as to notice of inquiry (1) Reasonable notice of the time and place appointed for the inquiry shall be given to the person alleged to be a mentally incapacitated person: Provided that if it shall appear that the person alleged to be a mentally incapacitated person is in such a state that personal service on him would be ineffectual, the Court may direct such substituted service of the notice as it shall think proper. (2) The Court may also, if it thinks fit, direct a copy of such notice to be served upon any relative of the person alleged to be a mentally incapacitated person. (Amended 81 of 1997 ss. 7 & 58) Cap 136 s 9 Power to examine person alleged to be mentally incapacitated At any time after the application for the inquiry the Court may require the person alleged to be a mentally incapacitated person to attend at such convenient time and place within Hong Kong as the Court may appoint, for the purpose of being personally examined by the Court or by any person from whom the Court may desire to have a report of his mental capacity and condition, and the Court may also make an order authorizing any person or persons named therein to have access to the person alleged to be a mentally incapacitated person for the purpose of a personal examination. (Amended 46 of 1988 s. 32; 81 of 1997 s. 58) Cap 136 s 10 Questions to be decided by Court (1) At the inquiry, after receiving such reports and hearing such evidence and arguments as it may think fit, the Court shall decide whether the person who is alleged to be a mentally incapacitated person is incapable, by reason of mental incapacity, of managing and administering his property and affairs and shall also decide any other questions as to which an inquiry has been directed. (Replaced 81 of 1997 s. 8) (2) The Court may make such order as may appear just respecting the costs of the inquiry and may include therein such remuneration to physicians and surgeons as the Court shall deem reasonable: Provided that no order for the payment of costs shall be made against an applicant under section 7(3)(a) or (b). (Amended 81 of 1997 s. 8) Cap 136 s 10A General functions of Court with respect to property and affairs of mentally incapacitated person (1) The Court may, with respect to the property and affairs of a mentally incapacitated person, do or secure the doing of all such things as appear necessary or expedient- (a) for the maintenance or other benefit of that person; (b) for the maintenance or other benefit of members of that person's family; (c) for making provision for any other person or purposes for whom or for which the mentally incapacitated person might be expected to provide if he were not mentally incapacitated; or (d) otherwise for administering the mentally incapacitated person's property and affairs.(2) In the performance of the functions under subsection (1) the Court shall have regard- (a) as a paramount consideration, to the requirements of the mentally incapacitated person; (b) subject to paragraph (c), to the interest of creditors; (c) to the rules of common law which formerly restricted the enforcement by a creditor of rights against the property of a mentally incapacitated person under the control of the Court or other judicial authority (if any), which rules shall apply to property under the protection and management of the Court; and (d) to the desirability of making provision for obligations of the mentally incapacitated person notwithstanding that those obligations may not be legally enforceable. (Added 81 of 1997 s. 9) Cap 136 s 10B Powers of Court as to mentally incapacitated person's property and affairs (1) Without prejudice to the generality of section 10A, the Court shall have power to make such orders and give such directions and authorities as it thinks fit for the purposes of that section and in particular may for those purposes make orders or give directions or authorities for- (a) subject to section 12, the control and management of any property of the mentally incapacitated person, including such orders, directions or authorities in respect of the transfer or vesting of property or the payment into or lodgment in the Court of money or securities; (b) the sale, exchange, charging or other disposition of or dealing with any property (including the business premises) of the mentally incapacitated person; (c) the acquisition of any property in the name, or on behalf, of the mentally incapacitated person; (d) the settlement of any property of the mentally incapacitated person, or the gift of any property of that person to any other person or for any purposes described in section 10A(1)(b) or (c); (e) the execution for the mentally incapacitated person of a will making any provision (whether by way of disposing of property or exercising a power or otherwise) which could be made by a will executed by that person if he were not mentally incapacitated; (f) the carrying on by another suitable person of any profession, trade or business of the mentally incapacitated person; (g) the dissolution of a partnership of which the mentally incapacitated person is a member; (h) the carrying out of any contract entered into by the mentally incapacitated person; (i) the conduct of legal proceedings in the name of the mentally incapacitated person or on that person's behalf; (j) the reimbursement out of the property of the mentally incapacitated person, with or without interest, of money applied by any other person either in payment of the mentally incapacitated person's debts (whether legally enforceable or not) or for the maintenance or other benefit of the mentally incapacitated person or members of his family or in making provision for any other person or for any purposes for whom or for which he might be expected to provide if he were not mentally incapacitated; (k) the exercise of any power (including a power to consent) vested in the mentally incapacitated person, whether beneficially, or as guardian or trustee, or otherwise.(2) If under subsection (1) provision is made for the settlement of any property of a mentally incapacitated person, or the exercise of a power vested in that person of appointing trustees or retiring from a trust, the Court may make as respects the property so settled or the trust property such vesting or other orders as the case may require, including (in the case of the exercise of such a power) any order which could have been made under the Trustee Ordinance (Cap 29). (3) Where under this section a settlement has been made of any property of a mentally incapacitated person, and the Court is satisfied, at any time before the death of that person, that any material fact was not disclosed when the settlement was made, or that there has been a substantial change in the circumstances then pertaining, the Court may by order vary the settlement in such manner as the Court thinks fit, and (if necessary) give consequential directions. (4) The power of the Court to make or give an order, direction or authority for the execution of a will for a mentally incapacitated person- (a) shall not be exercisable at any time when that person is a minor; and (b) shall not be exercised unless the Court has reason to believe that the mentally incapacitated person is incapable of making a valid will for himself. (Added 81 of 1997 s. 9) Cap 136 s 10C Supplementary provisions as to wills executed under section 10B (1) Where under section 10B(1) the Court makes an order or gives a direction or authority requiring or authorizing another person ("the authorized person") to execute a will for a mentally incapacitated person, any will executed in pursuance of that order, direction or authority shall be expressed to be signed by the mentally incapacitated person acting by the authorized person, and shall be- (a) signed by the authorized person in the name of the mentally incapacitated person, and with the authorized person's own name, in the presence of 2 or more witnesses present at the same time; (b) attested and subscribed by those witnesses in the presence of the authorized person; and (c) sealed with the seal of the Court.(2) The Wills Ordinance (Cap 30) shall have effect in relation to any such will as if it were signed by the mentally incapacitated person by his own hand, except that in relation to any such will- (a) section 5 of that Ordinance (which makes provision as to the signing and witnessing of wills) shall not apply; and (b) in any provision of that Ordinance any reference to execution in the manner required by that section of that Ordinance shall be construed as a reference to execution in the manner required by subsection (1).(3) Subject to this section, any such will executed in accordance with subsection (1) shall have the same effect for all purposes as if the mentally incapacitated person were capable of making a valid will and the will had been executed by him in the manner required by the Wills Ordinance (Cap 30). (4) So much of subsection (3) as provides for such a will to have effect as if the mentally incapacitated person were capable of making a valid will- (a) shall not have effect in relation to such a will in so far as it disposes of any immovable property, other than immovable property in Hong Kong; and (b) where at the time when such a will is executed the mentally incapacitated person is domiciled in a place outside Hong Kong, shall not have effect in relation to that will in so far as it relates to any other property or matter, except any property or matter in respect of which, under the law of the mentally incapacitated person's domicile, any question of his testamentary capacity would fall to be determined in accordance with the law of Hong Kong. (Added 81 of 1997 s. 9) Cap 136 s 10D Court's powers in cases of emergency Where- (a) it is represented to the Court, and the Court has reason to believe, that a mentally incapacitated person may be incapable by reason of mental incapacity of managing and administering his property and affairs; and (b) the Court is of the opinion that it is necessary to make immediate provision for any of the matters referred to in section 10A(1),then pending the determination of the question as to whether that person is so incapable, the Court may exercise in relation to the property and affairs of that person any of the powers conferred on the Court by this Part in relation to the property and affairs of a mentally incapacitated person so far as is requisite for enabling that provision to be made. (Added 81 of 1997 s. 9) Cap 136 s 10E Preservation of interests in mentally incapacitated person's property (1) Where any property of a mentally incapacitated person has been disposed of under this Part, and under his will or his intestacy, or by any gift perfected or nomination taking effect on his death, any other person would have taken an interest in the property but for the disposal- (a) he shall take the same interest, if and so far as circumstances allow, in any property belonging to the estate of the deceased which represents the property disposed of; and (b) if the property disposed of was real property any property representing it shall so long as it remains part of his estate be treated as if it were real property.(2) The Court, in ordering, directing or authorizing under this Part any disposal of property which apart from this section would result in the conversion of personal property into real property, may direct that the property representing the property disposed of shall, so long as it remains the property of the mentally incapacitated person or forms part of his estate, be treated as if it were personal property. (3) References in subsections (1) and (2) to the disposal of property are references to- (a) the sale, exchange, charging or other dealing (otherwise than by will) with property other than money; (b) the removal of property from one place to another; (c) the application of money in acquiring property; or (d) the transfer of money from one account to another,and references to property representing property disposed of shall be construed accordingly and as including the result of successive disposals. (4) The Court may give such directions as appear to it necessary or expedient for the purpose of facilitating the operation of subsection (1), including the carrying of money to a separate account and the transfer of property other than money. (Amended 32 of 2000 s. 48) (5) Where the Court has ordered, directed or authorized the expenditure of money for the carrying out of permanent improvements on, or otherwise for the permanent benefit of, any property of the mentally incapacitated person, it may order that the whole or any part of the money expended or to be expended shall be a charge upon the property, whether without interest or with interest at a specified rate; and an order under this subsection may provide for excluding or restricting the operation of subsection (1). (6) A charge under subsection (5) may be made in favour of such person as may be just, and in particular, where the money charged is paid out of the mentally incapacitated person's general estate, may be made in favour of a person as trustee for the mentally incapacitated person; but no charge under that subsection shall confer any right of sale or foreclosure during the lifetime of the mentally incapacitated person. (Added 81 of 1997 s. 9) Cap 136 s 11 Appointment of committees (1) If the Court is satisfied that the person who is alleged to be mentally incapacitated is incapable, by reason of mental incapacity, of managing and administering his property and affairs, the Court may, if it shall think fit, appoint a committee of the estate, and for this purpose, the Official Solicitor may be so appointed of such person and may make such order, if any, as to the remuneration of the committee out of such person's estate, and as to the giving of security by the committee, as to the Court may seem fit. (Amended 81 of 1997 s. 10) (2) A committee of the estate appointed under this Part shall do all such things in relation to the property and affairs of the mentally incapacitated person as the Court, in the exercise of the powers conferred on the Court under sections 10A and 10B, orders or directs the committee of the estate to do and may do any such thing in relation to the property and affairs of the mentally incapacitated person as the Court, in the exercise of those powers, authorizes the committee of the estate to do. (Replaced 81 of 1997 s. 10) (3) The provisions of Order 30, rules 5, 6 and 7 of the Rules of the High Court (Cap 4 sub. leg.) which apply to receivers shall apply to a committee of the estate as if the references to "receiver" in those rules were substituted by references to "committee of the estate". (Added 81 of 1997 s. 10. Amended 25 of 1998 s. 2) Cap 136 s 12 Powers of management of estate of mentally incapacitated person The Court may, on the appointment of a committee of the estate of a mentally incapacitated person, direct by the order of appointment or by any subsequent order that the person to whom the charge of the estate is committed shall have such powers for the management thereof as to the Court shall seem necessary and proper, reference being had to the nature of the property, whether movable or immovable, of which the estate may consist: (Amended 81 of 1997 ss. 11 & 58) Provided that such powers shall not extend to the sale or charge by way of mortgage of the estate or any part thereof or to the letting of any immovable property, unless for a term not exceeding 3 years. Cap 136 s 13 Powers of Registrar (1) The Registrar may, without an order of reference, receive any proposal and conduct any inquiry respecting the management of the estate of a mentally incapacitated person if such proposal relates to any matter which the committee of the estate has not been empowered by an order under section 12 to dispose of. (Amended 81 of 1997 s. 58) (2) The Registrar may likewise, without reference, receive and inquire into any proposal relating to the sale or charge by way of mortgage of the estate or of any part thereof or to the letting of any immovable property for a term exceeding 3 years. (3) The Registrar shall report to the Court on the proposal, and the Court shall, subject to the provisions of this Ordinance, make such order upon the report and respecting the costs as shall under the circumstances seem just. Cap 136 s 14 What relatives may attend proceedings The Court shall once in the matter of each inquiry, and may afterwards from time to time, determine whether any one or more, and, if any, how many and which of the relatives or next-of-kin shall attend before the Registrar at the cost of the estate in any proceeding connected with the management thereof, and, if any such relative or next-of-kin is an infant, may from time to time appoint a fit person to be his guardian for the purpose of such proceeding. Cap 136 s 15 Orders may be made on petition The Court may, on application made to it by petition concerning any matter whatsoever connected with the inquiry, make such order, subject to the provisions of this Ordinance, respecting the application and the costs thereof and of the consequent proceedings as shall under the circumstances seem just. Cap 136 s 16 (Repealed 81 of 1997 s. 12) Cap 136 s 17 Committee to execute instruments (1) The committee of the estate of the mentally incapacitated person shall, in his name and on his behalf, execute all such conveyances and instruments of transfer, relative to any sale, mortgage or other disposition of his estate as the Court shall order. (2) In like manner such committee shall, under the order of the Court, exercise all powers whatsoever vested in a mentally incapacitated person whether the same are vested in him for his own benefit or in the character of trustee or guardian. (Amended 81 of 1997 s. 58) Cap 136 s 18 (Repealed 81 of 1997 s. 13) Cap 136 s 19 (Repealed 81 of 1997 s. 14) Cap 136 s 20 (Repealed 81 of 1997 s. 15) Cap 136 s 21 Committee may dispose of lease Where a mentally incapacitated person is entitled to a lease or under-lease, and it appears to be for the benefit of his estate that it should be disposed of, the committee of the estate may by order of the Court surrender, assign or otherwise dispose of the same to such person for such valuable or nominal consideration and upon such terms as the Court shall think fit. (Amended 81 of 1997 s. 58) Cap 136 s 22 Transfer of stock of mentally incapacitated person Where any stock or Government security or any share or debenture in a public company, transferable within Hong Kong or the dividends of which are payable there, are standing in the name of, or are vested in, a mentally incapacitated person beneficially entitled thereto or a committee of the estate of a mentally incapacitated person or a trustee for him, and the committee or trustee dies intestate or himself becomes a mentally incapacitated person or is out of the jurisdiction of the Court, or it is uncertain whether the committee or trustee be living or dead or he neglects or refuses to transfer the stock, securities or shares or to receive and pay the dividends to a new committee or trustee, or as he directs, within 14 days after being required by him to do so, the Court may order some fit person to make such transfer or to transfer the same and to receive and pay over the dividends in such manner as the Court may direct, and such transfer or payment shall be valid and effectual for all purposes. (Amended 46 of 1988 s. 32; 81 of 1997 s. 58) Cap 136 s 23 Transfer of property of mentally incapacitated person residing out of Hong Kong Where any property situate in Hong Kong is standing in the name of or vested in any person residing out of Hong Kong, the Court, upon being satisfied that such person has been declared to be mentally incapacitated and that his personal estate has been vested in a committee, curator or manager according to the laws of the place where he is residing, may order some fit person to make such transfer of the property, or of any part thereof, to such committee, curator or manager or otherwise, and also to receive and pay over any proceeds or profits thereof as the Court may think fit; and any act done in pursuance of such order shall be valid and effectual for all purposes. (Amended 46 of 1988 s. 32; 81 of 1997 s. 16) Cap 136 s 24 Power to order maintenance without appointing committee If it appears to the Court, having regard to the situation and condition in life of the mentally incapacitated person and his family and the other circumstances of the case, to be expedient that his property should be made available for his or their maintenance in a direct and inexpensive manner, the Court may, instead of appointing a committee of the estate, order that the property, if money, or, if of any other description, the produce thereof when realized, be paid to such person as the Court may think fit to be applied for the purpose aforesaid, and all payments so made shall be a good discharge to the person making the same. (Amended 81 of 1997 s. 58) Cap 136 s 25 Temporary provision for maintenance of mentally incapacitated person If it appears to the Court that the mental incapacity of a mentally incapacitated person is in its nature temporary, and that it is expedient to make temporary provision for his maintenance or the maintenance of his family, the Court may in the manner provided by section 24 direct his property or a sufficient part of it to be applied for the purpose aforesaid. (Amended 81 of 1997 ss. 17 & 58) Cap 136 s 26 Order for detention of mentally disordered person When upon any inquiry under this Part any person has been found by the Court to be mentally disordered and incapable, by reason of mental disorder, of managing and administering his property and affairs, the Court may make an order for such person to be received into a mental hospital and send him in suitable custody, together with the order for his reception, to the mental hospital named in such order. (Replaced 81 of 1997 s. 18) Cap 136 s 26A Order for potential guardianship of mentally incapacitated person When upon any inquiry under this Part any person has been found by the Court to be mentally incapacitated and incapable, by reason of mental incapacity, of managing and administering his property and affairs, the Court may recommend the applicant under this Part to make an application for a guardianship order under Part IVB, unless the mentally incapacitated person has already been received into guardianship under this Ordinance. (Added 81 of 1997 s. 19) Cap 136 s 26B Variation of powers of committee of the estate or the replacement of committee of the estate (1) The Court may, on an application under subsection (2), make an order- (a) to vary any powers of a committee of the estate ("relevant committee") appointed under section 11 or this section; (b) to replace the relevant committee by another committee of the estate, and where the relevant committee is not the Official Solicitor he may be so appointed.(2) An application under this section may be made by any relative of the person alleged to be a mentally incapacitated person, but if no such application is made by such relative, then by- (a) the Director of Social Welfare; (b) the Official Solicitor; (c) any guardian of that person appointed under Part IVB; or (d) the relevant committee. (Added 81 of 1997 s. 19) Cap 136 s 27 Annulling proceedings (1) When any person has been found to be mentally incapacitated and it shall be shown to the Court, either on the application of such person or of any other person acting on his behalf or on the information of any other person, that there is reason to believe that such person has become capable of managing and administering his property and affairs, the Court may make an order for inquiry whether such person is so capable. (2) An inquiry under this section shall be conducted in the same manner as an inquiry under section 10(1), and the power under section 9 to examine a person alleged to be mentally incapacitated shall be applied accordingly. (Replaced 81 of 1997 s. 20) (3) If it be found on such inquiry that the person who is the subject of the inquiry has become capable of managing and administering his affairs, the Court shall order all proceedings in such matter to cease or to be set aside on such terms and conditions as under the circumstances of the case shall appear proper. (4) A committee of the estate appointed under this Part for any mentally incapacitated person shall be discharged by order of the Court on the Court being satisfied that that person has become capable of managing and administering his property and affairs, and may be discharged by order of the Court at any time if the Court considers it expedient to do so, and such a committee of the estate shall be discharged (without any order) on the death of the mentally incapacitated person. (Added 81 of 1997 s. 20) (Amended 81 of 1997 s. 20) Cap 136 s 28 References to tribunal by medical superintendent Where the Court has made an order under section 27(3) in respect of any person detained in a mental hospital, the medical superintendent of the mental hospital shall forthwith, on the production of a certified copy of such order, refer the case to the tribunal under section 59D(1)(a). (Replaced 81 of 1997 s. 21) Cap 136 s 29 (Repealed 46 of 1988 s. 4) PART III RECEPTION, DETENTION AND TREATMENT OF PATIENTS (Amended 81 of 1997 s. 22) Cap 136 s 30 Voluntary patients (1) If a person appears to require treatment in a mental hospital and if he, or in the case of a person under the age of 16 years, his parent or guardian- (a) is desirous that such person should receive such treatment; and (b) completes an application in writing; and (c) lodges the application with a medical superintendent,the medical superintendent may admit such person as a voluntary patient. (2) A voluntary patient- (a) shall be entitled to leave the mental hospital after the expiration of 7 days from his, or if he is under the age of 16 years, his parent or guardian, giving notice in writing; or, in the discretion of the medical superintendent, verbal notice, to the medical superintendent of the intention of the voluntary patient to leave the mental hospital: Provided that a medical superintendent may in his absolute discretion discharge a voluntary patient at any time within such period of 7 days; and(b) shall leave the mental hospital within 72 hours after he, or if he is under the age of 16 years his parent or guardian, has received from the medical superintendent notice in writing, signed by the medical superintendent, stating that the medical superintendent is satisfied that it is not necessary that the voluntary patient should remain in the mental hospital and that the voluntary patient is required to leave the mental hospital.(3) A person who became a voluntary patient when he was under the age of 16 years shall not remain in a mental hospital as a voluntary patient for more than 28 days after he has attained the age of 16 years unless during such period of 28 days he shall have completed and lodged with the medical superintendent such application as is referred to in subsection (1). (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- (a) a relative of the patient; (b) a registered medical practitioner; (c) a public officer in the Social Welfare Department,and every such application shall specify which of those persons is making the application and, if made by a relative of a patient, shall state the relationship. (2) Before an application under section 31(1) for the detention of a patient for observation is made by a registered medical practitioner or a public officer in the Social Welfare Department, that practitioner or officer shall take such steps as are reasonably practicable to inform a person in Hong Kong appearing to him to be a relative of the patient (if there is such a person) that the application is to be made, and if the medical practitioner or public officer fails to take such steps prior to the detention of the patient in a mental hospital, the medical superintendent shall, as soon as practicable thereafter, take them. (3) No application for detention for observation under section 31(1) may be made by any person in respect of a patient unless that person has personally seen the patient within the period of 14 days ending immediately prior to the date of application. (Added 46 of 1988 s. 7. Amended 81 of 1997 s. 27) Cap 136 s 36 Detention of certified patients (1) If- (a) a patient liable to be detained in a mental hospital (otherwise than under this section) or in the Correctional Services Department Psychiatric Centre; or (b) a voluntary patient 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- (i) the patient is suffering from mental disorder of a nature or degree which makes it appropriate for him to receive medical treatment in hospital; and (Amended 81 of 1997 s. 28) (ii) it is necessary for the health or safety of the patient or for the protection of other persons that he should receive such treatment and it cannot be provided unless he is detained under this section,they may complete a certificate in the prescribed form and forward it to a District Judge. (Replaced 46 of 1988 s. 8) (2) If a District Judge who has received a certificate in accordance with subsection (1) is satisfied that the certificate referred to in subsection (1) is in order and there are no grounds for rejecting it, he shall countersign the certificate and shall forward it to the medical superintendent of the mental hospital in which the person is detained: (Amended 46 of 1988 s. 8) Provided that a District Judge shall not countersign a certificate- (a) in respect of a voluntary patient unless he is satisfied that the voluntary patient, or some person on his behalf in the case of a voluntary patient of less than 16 years of age, has given notice of the intention of the voluntary patient to leave the mental hospital in accordance with section 30(2)(a) and that it would be likely to be dangerous to the voluntary patient or to other persons if the voluntary patient were discharged from the mental hospital; or (b) (Repealed 46 of 1988 s. 8)(3) 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 and may transfer the patient to any other mental hospital. (4) The procedures described in subsections (1) and (2) may be undertaken notwithstanding that the patient is detained under a hospital order or because he has been sentenced to imprisonment or is detained by an order of a court, but where the patient is detained under a hospital order or because he has been sentenced to imprisonment- (a) such procedures shall not be commenced more than 30 days before the date when he would, in the absence of such procedures, be released from detention; and (b) the provisions of Part IV or, where the Criminal Procedure Ordinance (Cap 221) applies, that Ordinance, shall continue to apply to that patient until that date,and nothing done under this section shall have the effect of varying any order to a court. (Added 46 of 1988 s. 8) (5) This section- (a) applies to a patient who suffers from mental illness or psychopathic disorder; and (b) applies to a patient other than a patient referred to in paragraph (a) only where the 2 medical practitioners referred to in subsection (1) are, in addition to being of the opinion described in that subsection, also of the opinion that the patient is abnormally aggressive or that his conduct is seriously irresponsible. (Added 46 of 1988 s. 8) (Amended 35 of 1969 s. 2) Cap 136 s 37 (Repealed 46 of 1988 s. 9) Cap 136 s 38 Temporary transfer of patients When it appears to a medical superintendent that it would be for the benefit of any certified patient receiving treatment or special care or that it is necessary for the purpose of obtaining treatment of a particular nature for any patient, that he should be temporarily transferred to and maintained in another hospital, institution or place, the medical superintendent, if the person in charge of the other hospital, institution or place is willing to receive the patient, may arrange for such transfer. (Amended 46 of 1988 s. 10; 81 of 1997 s. 29) Cap 136 s 39 Absence on trial (1) A medical superintendent may from time to time permit a certified patient or a patient under observation to be absent from the mental hospital on trial for such periods as the medical superintendent may think proper. (Amended 46 of 1988 s. 11) (2) Any absence on trial under this section shall be subject to such conditions as the medical superintendent may prescribe. (3) In any case where a patient is absent from a mental hospital in accordance with this section, the medical superintendent may, subject to subsection (5), by notice in writing in the prescribed form to the patient or to the person for the time being in charge of the patient, revoke the permission to be absent and recall the patient to the mental hospital if he is of the opinion that it is necessary so to do in the interests of the patient's health or safety or for the protection of other persons. (Replaced 46 of 1988 s. 11) (4) If before the expiry of any period of absence which has been prescribed the medical superintendent certifies in the prescribed form that it is not necessary that the patient be detained in a mental hospital he shall be deemed to have been lawfully discharged in accordance with the provisions of this Ordinance. (Amended 46 of 1988 s. 11) (5) A patient who has been permitted to be absent from a mental hospital in accordance with the provisions of this section shall not be recalled under subsection (3) after he has ceased to be liable to be detained under this Ordinance. (Added 46 of 1988 s. 11) Cap 136 s 40 (Repealed 46 of 1988 s. 12) Cap 136 s 41 (Repealed 46 of 1988 s. 12) Cap 136 s 42 Discharge of patient before recovery (1) Where on behalf of a patient including a voluntary patient a relative or friend of the patient makes application in writing in the prescribed form to the medical superintendent- (a) stating the relationship or connection of the applicant with the patient; (b) requesting that the patient may be delivered over to the applicant; and (c) undertaking that the patient will receive proper care and will be prevented from doing injury to himself or to others and, in the case of an application by a person other than the person on whose application the patient was admitted to a mental hospital, satisfies the medical superintendent that before he made the application he served on such person notice of his intention so to do,the medical superintendent shall within 48 hours of the receipt of the application either- (i) discharge the patient to the applicant notwithstanding that the patient is still a mentally disordered person; or (ii) give to the applicant a certificate in the prescribed form stating that he refuses to discharge the patient on the ground that- (A) he is satisfied that the patient is dangerous or otherwise unfit to be at large; or (B) he is not satisfied that the patient will receive proper care.(2) (Repealed 46 of 1988 s. 13) Cap 136 s 42A Discharge of patient (1) Subject to section 42B a patient who is for the time being liable to be detained shall cease to be so liable if there is made in accordance with this section an order in writing discharging him from detention (referred to as an "order for discharge" in this section and section 42B, but subject to subsection (6) of that section). (Amended 81 of 1997 s. 30) (2) An order for discharge may be made in respect of a patient- (a) where the patient is liable to be detained in a mental hospital, by the medical superintendent; (b) (Repealed 81 of 1997 s. 30) (Added 46 of 1988 s. 14) Cap 136 s 42B Conditional discharge of patients with propensity to violence (1) Where- (a) it appears to the medical superintendent that a patient has a medical history of criminal violence or a disposition to commit such violence; but (b) the medical superintendent is of the opinion that the patient may safely be discharged subject to conditions to be specified in an order for discharge,the medical superintendent may, in the exercise of his powers under section 42A, but subject to any restriction on such power imposed by any provision of Part IV, make an order for discharge subject to compliance by the patient discharged (in this section and section 43 called "the conditionally discharged patient") with conditions. (2) Without prejudice to the power of the medical superintendent in the exercise of his powers under subsection (1) to impose such conditions as he thinks fit on an order for discharge, being conditions reasonable in the circumstances, such conditions may require the conditionally discharged patient- (a) to reside at a place specified by the medical superintendent; (b) to attend at an out-patient department of a hospital or at a clinic specified by the medical superintendent; (c) to take medication as prescribed by a medical practitioner; or (d) to be under the supervision of the Director of Social Welfare.(3) In any case where- (a) it appears to a medical superintendent that a conditionally discharged patient has failed to comply with any condition to which his order for discharge is subject; and (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) 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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