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Chapter: | 136 | Title: | MENTAL HEALTH ORDINANCE |
: If this pencil mark appears at the beginning of a provision, that provision is subject to amendments that are already in operation but have not yet been incorporated in its text.
| Cap 136 | Long title | |
| Cap 136 Part I | PRELIMINARY | |
| Cap 136 s 1 | Short title | |
| Cap 136 s 2 | Interpretation | |
| Cap 136 s 3 | Declaration of mental hospitals | |
| Cap 136 s 4 | Appointment of medical superintendents and assistant medical superintendents | |
| Cap 136 s 5 | Appointment and duties of visitors | |
| Cap 136 s 6 | Delegation | |
| Cap 136 Part II | MANAGEMENT OF PROPERTY AND AFFAIRS OF MENTALLY INCAPACITATED PERSONS* | |
| Cap 136 s 7 | Court may order inquiry | |
| Cap 136 s 8 | Provision as to notice of inquiry | |
| Cap 136 s 9 | Power to examine person alleged to be mentally incapacitated | |
| Cap 136 s 10 | Questions to be decided by Court | |
| Cap 136 s 10A | General functions of Court with respect to property and affairs of mentally incapacitated person | |
| Cap 136 s 10B | Powers of Court as to mentally incapacitated person's property and affairs | |
| Cap 136 s 10C | Supplementary provisions as to wills executed under section 10B | |
| Cap 136 s 10D | Court's powers in cases of emergency | |
| Cap 136 s 10E | Preservation of interests in mentally incapacitated person's property | |
| Cap 136 s 11 | Appointment of committees | |
| Cap 136 s 12 | Powers of management of estate of mentally incapacitated person | |
| Cap 136 s 13 | Powers of Registrar | |
| Cap 136 s 14 | What relatives may attend proceedings | |
| Cap 136 s 15 | Orders may be made on petition | |
| Cap 136 s 16 | (Repealed 81 of 1997 s. 12) | |
| Cap 136 s 17 | Committee to execute instruments | |
| Cap 136 s 18 | (Repealed 81 of 1997 s. 13) | |
| Cap 136 s 19 | (Repealed 81 of 1997 s. 14) | |
| Cap 136 s 20 | (Repealed 81 of 1997 s. 15) | |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 | |
| Cap 136 s 22 | Transfer of stock of mentally incapacitated person | |
| Cap 136 s 23 | Transfer of property of mentally incapacitated person residing out of Hong Kong | |
| Cap 136 s 24 | Power to order maintenance without appointing committee | |
| Cap 136 s 25 | Temporary provision for maintenance of mentally incapacitated person | |
| Cap 136 s 26 | Order for detention of mentally disordered person | |
| Cap 136 s 26A | Order for potential guardianship of mentally incapacitated person | |
| Cap 136 s 26B | Variation of powers of committee of the estate or the replacement of committee of the estate | |
| Cap 136 s 27 | Annulling proceedings | |
| Cap 136 s 28 | References to tribunal by medical superintendent | |
| Cap 136 Part III | RECEPTION, DETENTION AND TREATMENT OF PATIENTS* | |
| Cap 136 s 29 | (Repealed 46 of 1988 s. 4) | |
| Cap 136 s 30 | Voluntary patients | |
| Cap 136 s 31 | Detention of a patient under observation | |
| Cap 136 s 32 | Extension of period of detention of a patient under observation | |
| 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 | |
| Cap 136 s 36 | Detention of certified patients | |
| Cap 136 s 37 | (Repealed 46 of 1988 s. 9) | |
| Cap 136 s 38 | Temporary transfer of patients | |
| Cap 136 s 39 | Absence on trial | |
| 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 | |
| Cap 136 s 42A | Discharge of patient | |
| Cap 136 s 42B | Conditional discharge of patients with propensity to violence | |
| Cap 136 s 43 | Detention and recapture | |
| Cap 136 s 44 | Removal of patient from Hong Kong | |
| Cap 136 Part IIIA | GUARDIANSHIP OF PERSONS CONCERNED IN CRIMINAL PROCEEDINGS | |
| Cap 136 s 44A | Power of court or magistrate to make guardianship order | |
| Cap 136 s 44B | Effect of guardianship order | |
| Cap 136 Part IIIB | SUPERVISION AND TREATMENT ORDERS RELATING TO PERSONS CONCERNED IN CRIMINAL PROCEEDINGS | |
| Cap 136 s 44C | Interpretation | |
| Cap 136 s 44D | Power of court or magistrate to make supervision and treatment order | |
| Cap 136 s 44E | Restrictions on the making of a supervision and treatment order | |
| Cap 136 s 44F | Making of a supervision and treatment order and general requirements | |
| Cap 136 s 44G | Obligatory requirements as to medical treatment | |
| Cap 136 s 44H | Optional requirements as to residence | |
| Cap 136 s 44I | Revocation and amendment of a supervision and treatment order | |
| Cap 136 Part IV | ADMISSION OF MENTALLY DISORDERED PERSONS CONCERNED IN CRIMINAL PROCEEDINGS, TRANSFER OF MENTALLY DISORDERED PERSONS UNDER SENTENCE AND REMAND OF MENTALLY INCAPACITATED PERSONS* | |
| Cap 136 s 45 | Powers of court or magistrate to make a hospital order | |
| Cap 136 s 46 | Requirement as to medical evidence | |
| Cap 136 s 47 | Effect of hospital order | |
| Cap 136 s 48 | Appeal against hospital order | |
| Cap 136 s 49 | (Repealed 81 of 1997 s. 41) | |
| Cap 136 s 50 | Period of detention under this Part | |
| Cap 136 s 51 | Remand | |
| Cap 136 s 52 | Removal to a mental hospital of a person serving a sentence of imprisonment | |
| Cap 136 s 52A | Removal to a Correctional Services Department Psychiatric Centre of persons detained in a mental hospital | |
| Cap 136 s 52B | Removal to a mental hospital of persons detained in the Correctional Services Department Psychiatric Centre | |
| Cap 136 s 53 | Removal to a mental hospital of other prisoners | |
| Cap 136 s 54 | Further provisions as to persons committed for trial or sentence or on remand | |
| Cap 136 s 54A | Hospital order in respect of persons awaiting trial or sentence | |
| Cap 136 s 55 | Removal of prisoners for observation | |
| Cap 136 s 56 | Medical reports on persons on remand | |
| Cap 136 s 57 | Persons ordered to be admitted to a mental hospital under Criminal Procedure Ordinance | |
| Cap 136 s 58 | Temporary transfer for specialist medical treatment of patients concerned in criminal proceedings | |
| Cap 136 s 59 | Removal to prison of persons subject to a hospital order | |
| Cap 136 Part IVA | Mental Health Review Tribunal | |
| Cap 136 s 59A | Mental Health Review Tribunal | |
| Cap 136 s 59B | Applications to the tribunal | |
| Cap 136 s 59C | References to tribunals by Chief Executive | |
| Cap 136 s 59D | Duty to refer cases to tribunal | |
| Cap 136 s 59E | Powers of the tribunal | |
| Cap 136 s 59F | General provisions concerning tribunal application | |
| Cap 136 s 59G | Procedure of the tribunal | |
| Cap 136 s 59H | The tribunal: supplementary provisions | |
| Cap 136 Part IVB | Guardianship | |
| Cap 136 s 59I | Interpretation and application | |
| Cap 136 s 59J | Establishment and composition of Board | |
| Cap 136 s 59K | Functions and powers of Board | |
| Cap 136 s 59L | Attendance of witnesses and others | |
| Cap 136 s 59M | Application for guardianship | |
| Cap 136 s 59N | General provisions as to guardianship applications | |
| Cap 136 s 59O | Board may make guardianship orders | |
| Cap 136 s 59P | Report of Director of Social Welfare | |
| Cap 136 s 59Q | Emergency guardianship orders | |
| Cap 136 s 59R | Term and effect of guardianship order | |
| Cap 136 s 59S | Guardians | |
| Cap 136 s 59T | Transfer of guardianship in case of death, incapacity, etc. of guardian | |
| Cap 136 s 59U | Review of guardianship orders | |
| Cap 136 s 59V | Absence of mentally incapacitated person without permission | |
| Cap 136 s 59W | Appeal to Court | |
| Cap 136 s 59X | Proceedings before the Board and procedure | |
| Cap 136 s 59Y | Right of appearance | |
| Cap 136 s 59Z | Rules | |
| Cap 136 Part IVC | MEDICAL AND DENTAL TREATMENT | |
| Cap 136 s 59ZA | Interpretation | |
| Cap 136 s 59ZB | Application and principles | |
| Cap 136 s 59ZBA | Prohibition against organ transplant | |
| Cap 136 s 59ZC | Specification of special treatment | |
| Cap 136 s 59ZD | Who may give consent | |
| Cap 136 s 59ZE | Requests for consent | |
| Cap 136 s 59ZF | When treatment may be carried out without consent | |
| Cap 136 s 59ZG | Applications to Court | |
| Cap 136 s 59ZH | Service of applications | |
| Cap 136 s 59ZI | Consent of Court | |
| Cap 136 s 59ZJ | Restriction on the giving of consent by Court | |
| Cap 136 s 59ZK | Effect of consent | |
| Cap 136 Part V | General provisions | |
| Cap 136 s 60 | Saving of powers | |
| Cap 136 s 61 | Amendment of orders | |
| Cap 136 s 62 | Application of property of a mentally incapacitated person found wandering | |
| Cap 136 s 63 | Enforcement of cost of maintenance | |
| Cap 136 s 64 | Saving | |
| Cap 136 s 65 | Offences against patients | |
| Cap 136 s 65A | Sexual intercourse with a woman under guardianship | |
| Cap 136 s 66 | Construction of laws | |
| Cap 136 s 67 | Medical orders or certificates | |
| Cap 136 s 68 | Copy of reception order to be sent to the person in Charge of the mental hospital | |
| Cap 136 s 68A | Duty to give information to detained patients | |
| Cap 136 s 69 | Protection of persons carrying out the provisions of this Ordinance | |
| Cap 136 s 70 | Penalty for improper reception or detention | |
| Cap 136 s 71 | Powers of a District Judge and a magistrate | |
| Cap 136 s 71A | Warrant to search for and remove mentally incapacitated persons | |
| Cap 136 s 71B | Mentally disordered persons found in need of care or control | |
| Cap 136 s 72 | Power to make regulations | |
| Cap 136 s 73 | Amendment of Schedule | |
| Cap 136 s 74 | Transitional and savings | |
| Cap 136 | Schedule |