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Chapter: | 136
 | Title: | MENTAL HEALTH ORDINANCE | Gazette Number: | L.N. 29 of 1999 |
| Section: | 2 | Heading: | Interpretation | Version Date: | 01/02/1999 |
(1) In this Ordinance, unless the context otherwise requires-
"approved social worker" (認可社會工作者) 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" (實證病人) 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" (懲教署精神病治療中心) 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" (原訟法庭) 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" (社會福利署署長) includes an assistant director of social welfare;
"guardian" (監護人)-
- (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)
"IQ" (智商) means intelligence quotient; (Added 81 of 1997 s. 3)
"medical officer" (公職醫生) 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" (院長) means the medical superintendent or an assistant medical superintendent of a mental hospital appointed in accordance with the provisions of section 4;
"mental disorder" (精神紊亂) 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,
"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" (精神病院視察人員) 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" (精神上無行為能力) means-
- (a) mental disorder; or
(b) mental handicap,
"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" (精神上無行為能力的人) 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 under observation" (接受觀察病人) means a person who is detained in a mental hospital in accordance with the provisions of section 31 or 32;
"prescribed form" (訂明表格) means a form provided by regulations; (Amended 46 of 1988 s. 2)
"psychopathic disorder" (精神病理障礙) 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" (註冊牙醫) has the same meaning as in the Dentists Registration Ordinance (Cap 156); (Added 81 of 1997 s. 3)
"registered medical practitioner" (註冊醫生) 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" (司法常務官) means the Registrar of the High Court; (Amended 25 of 1998 s. 2)
"regulations" (規例) means regulations made under section 72; (Added 46 of 1988 s. 2)
"relative" (親屬), 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)
"transfer order" (轉移令) means an order issued in accordance with the provisions of section 52 or 53;
"tribunal" (審裁處) means the Mental Health Review Tribunal established under section 59A; (Replaced 46 of 1988 s. 2)
"Voluntary patient" (自願入院病人) 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)