MENTAL HEALTH REGULATIONS

MENTAL HEALTH REGULATIONS

MENTAL HEALTH REGULATIONS

(Cap. 136, section 72)

[19 January 19621


L 1
G.N.A. 3 of 1962 35 of 1969, L.N. 133 of 1969, R. Ed. 1972, L.N. 76 of 1989, L.N, 416 of
1989

1. Citation

These regulations may be cited as the Mental Health Regulations.

2. Forms

The forms set forth in the Schedule are prescribed for the purposes of the
Ordinance.

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.

4. Visitors and telephone calls

A medical superintendent may refuse to permit any person other than a mental
hospital visitor to visit a patient or to permit a patient to make or to receive any
telephone call at a mental hospital.

5. Censorship of letters, etc.

A medical superintendent may open and examine any letter, postal packet,
parcel or other matter which is delivered to or left at a mental hospital addressed to a
patient and may refuse to permit any such letter, postal packet, parcel or other matter
to be delivered to a patient and may return to the sender, if known, any such letter,
postal packet, parcel or other matter and may delete in any letter any part thereof.

(2) A medical superintendent may open and examine any letter which has been
written by a patient and may refuse to permit any such letter to leave the mental
hospital and may delete from any letter any part thereof.

Provided that this subregulation shall not apply to any letter from a patient
addressed to the Director of Hospital Services, to the Tribunal, to the Secretary of
the Tribunal or to the Registrar of the Supreme Court. (L.N. 76 of 1989)





6. Execution of documents
No patient may execute any document without the prior permission of the
medical superintendent who may withhold such permission if he considers such
action necessary or desirable.

7. Employment of patients
A patient may be employed on such work in a mental hospital as the
medical superintendent may consider necessary or desirable.

8. Possession of articles without lawful authority
No patient shall have in his possession, without the authority of the
medical superintendent, any article and any such article found in his possession
may be confiscated by the medical superintendent.

9. Restriction on receipt by patient of certain things
(1) The medical superintendent, in his absolute discretion, may order that
a patient shall not receive, other than in accordance with his authority, any
money, clothing, food, drink, medicine, drug, tobacco, letter, postal packet,
paper, book, tool or other article or thing or any one of such articles or things,
or that any specific article or thing of such type shall not be given to or
conveyed to a patient.
(2) Any person who, knowingly, sends to, brings to, conveys or throws
into or deposits in a mental hospital or conveys to any patient or deposits with
a view to its coming into the possession of any patient, any such article or thing
as is described in subregulation (1) in contravention of an order made under
that subregulation shall be guilty of an offence and on summary conviction
shall be liable to a fine of $1,000.
(3) Any article or thing brought, conveyed, thrown or deposited in
contravention of an order made under subregulation (1) may be confiscated by
the medical superintendent, whether or not any person has been convicted of an
offence in connection with the contravention.
(4) If the medical superintendent has reason to suspect that any visitor to
a mental hospital has in his possession any article or thing with intent to act in
contravention of the provisions of subregulation (1), he may require such visitor
to permit himself to be searched:
Provided that nothing in this subregulation shall authorize the searching of
a female other than by a female.

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 of 5500.





SCHEDULE [reg- 2]

FROM 1

MENTAL HEALTH ORDINANCE

(Chapter 136)

(Section 35A(1))

Application under section 3 1 (1) for removal of a patient to a mental hospital
for the purpose of detention and observation

1, [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 from 1 mental disorder of of a nature c or de degree

h i which warrants an *his/ her de detention ion

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 I)-

(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-

1 am *the [state relationship] ......................
of

the patient/a registered medical practitioner/a public officer in the Social Welfare Department.

1 have informed a relative of the patient, namely *his/her [state relationship and name and

address of relative]
...................................................................................................................
..........

............................

.............. 1 ...........of this application (See Note 2).

OR

1 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).

1 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.







1 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.




1989




1989





FORM 2 2

MENTAL HEALTH ORDINANCE
(Chapter 136)

(Section 3 1 (1A)

Certificate of a medical 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).
1 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 do certificate must have ex~ the patient within the ~us 7 days.

2. Delete (i) or (ii) unless both apply.






1989




FROM 3

MENTAL HEALTH ORDINANCE
(Chapter 136)

(Section 31(1 B))

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] 1

...........................................1 1 dated

.......... and a medical certificate in support from [name and address of
registered

medical practitioner]
..........................................................................................................................

....

..... dated

in pursuance of section 3 1 1B of the Mental Health
6r~in'a'n'c' e** h**e'r'e'b'y ... a'u''t'h' *o* *r*iz'e ... t'h'e ...
r'e'**m**o*'v'a'i'o'f'['n'ame 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.




1989




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 Director of Hospital Services (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 3 1

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 appropruite.
Notes: 1 At least one of the registered medical practitioners who signs this certificate must be approved for the purpose of ~or)
2(2) of the Ordinance by the Director of Hospital Services.

2.Only one extension of not more than 21 days from the expiry of the order under section 3 1(1B) of the Mental Health
Ordinance is permitted.




1989



1989




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]
..............................................................................................

j ........................................1 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 I)-
(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).





1 apply for the patient to be received into the guardianship of [proposed guardian's name]
......

............................................

~~j~w 'H- e'a'lt'h' ... 0 ... rd- i'n'a'n' c- e*'('* S**e* e** N- 'o'*t* e**s* 3, ... &'*4'*)'* ... in
accordance with the provisions of section 33 of the

This application is founded on the attached written opinions in the prescribed form of 2
registered medical practitioners.

1 last saw the patient on [date] ...................................................................................................
. (See Note 5).

Signed ..................................................................

Date .....................................................................

PART II (See Note 6)

1, [proposed guardian's name, address and identity card number] ..............................................

............................................
............................................ . m Willing to act as the guardian of [name of patient]

~~o'* n- 3**3''o'f' *t'h'e' ...M ...e'd'i c'a'l' 'H' e'a'l't'h'
0'r'd'in'a'n'c'*e .............................. in accordance with

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 guardianship application should he forwarded to the Director of Social Welfare within 14 days of the patients last
examination by a registered me~ 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 ~or of Social Welfare.



1989


1989




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 Director of Hospital Services (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
..........................................................
...........

1, [name of second practitioner]
..................................................................................................

.................................11 . 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]

1 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.

2(2) of the Mental Health Ordinance by the Director of Hospital Services.

2. Delete (a) or (b) unless both apply.



1989


1989




FORM 7

MENTAL HEALTH ORDINANCE
(Chapter 136)

(Section 36)

Certificate of medical practitioners as to mental
disorder

To: *The Medical Superintendent,

.............E.................................................
Hospital. (See Note 1)

The 0 Commissioner of Correctional Services (See
Note 1)

We, [names and addresses of two medical practitioners]
.............................................................

........................................
........................................

.................. 1 .. 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 Director of Hospital Services (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 give 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

1, [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 *helshe 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
.....................................................................

1, [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) 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.

(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 Director of Hospital Services

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.




1989



1989




1989




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 1 . 1

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 he

taken into custody and returned to ........Hospital by any officer or servant of
the Hospital or any person authorized by me.

Signed ..............

.............

Medical Superintendent

Date .....................................................................

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.




1989




FORM 9 9

MENTAL HEALTH ORDINANCE

(Chapter 136)

(Section 39(4))

Certificate that a patient who is absent
on trial need not be further detained

I . .........1 ........................1 .
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]
...........................

.............................

............... ... .... ***

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.





1989




FORM 10 10

MENTAL HEALTH ORDINANCE
(Chapter 136)

(Section 42)

Application for discharge of a patient before
recovery

To: The Medical Superintendent .
.....................................................................................................

..................1
Hospital.

1, [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 ......................................

1 request that the said patient may be delivered over to me.

1 undertake that the said patient will receive proper care and will be prevented from doing
injury to *himself/herself or to*I am the person upon whose application the said patient was admitted to a mental hospital.
OR

*1 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,




1989




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]
......................................................

...... . . ........... . .......... . . .... .... .....
.....................1

a pa tie patient t/certified p a patient patient under observation on the
grounds*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 m appropriate.


1989




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 1 .
.............................................

.................................. *Medical Superintendent of

Hospital/medical officer authorized by the Director of Hospital Services, *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
.............................................................................................

.......1 Hospital by any officer or servant of the Hospital or any person authorized by
me-

Signed ..................................................................
Medical Superintendent/Medical Officer

Date .....................................................................

Delete as appropriate.

admission
to a mental hospital be deemed to haw 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.




1989

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