### Mental Health Ordinance 《精神健康條例》

71A. Warrant to search for and remove mentally incapacitated persons
(1) If it appears to a magistrate on information on oath laid by any person who is authorized under this Ordinance to take a mentally incapacitated person to any place, or to take into custody or retake a mentally incapacitated person who is liable under this Ordinance to be so taken or retaken—
(a) that there is reasonable cause to believe that the mentally incapacitated person is to be found on any premises; and
(b) that admission to the premises has been refused or that a refusal of such admission is apprehended,

the magistrate may issue a warrant authorizing any police officer or other person named in the warrant to enter the premises and remove the mentally incapacitated person.
(2) If it appears to a magistrate, on information on oath laid by an approved social worker, that there is reasonable cause to suspect that a person believed to be mentally incapacitated—
(a) has been, or is being, ill-treated, neglected or kept otherwise than under proper control; or
(b) is in need of care or control and, in his own interests or for the protection of other persons, may need to be taken to a place of safety,

the magistrate may issue a warrant authorizing any police officer or other person named in the warrant to enter any premises specified in the warrant in which that person is believed to be, and, if thought fit, to remove him to a place of safety.
(3) In the execution of a warrant issued under subsection (1) or (2) the person named in the warrant—
(a) shall, unless he is an approved social worker or a community psychiatric nurse, be accompanied by an approved social worker or by a community psychiatric nurse; and
(b) may use such reasonable force as may be necessary to enter the premises and remove the mentally incapacitated person.
(4) In this section, a place of safety (安全地方) means the accident and emergency department of any general hospital.
(5) Subsections (1) and (3) apply to and in relation to a supervised person within the meaning of Part IIIB as they apply to and in relation to a mentally incapacitated person and subsections (2), (3) and (4) apply to and in relation to such a person as they apply to a person believed to be suffering from a mental disorder. (Added 38 of 1996 s. 4)
(Added 46 of 1988 s. 30. Amended 81 of 1997 s. 54)

### Mental Health Ordinance 《精神健康條例》

71B. Mentally disordered persons found in need of care or control
(1) If a police officer finds in any place a person whom he reasonably believes to be suffering from mental disorder and to be in immediate need of care or control, the officer may, notwithstanding the provisions of section 51 of the Police Force Ordinance (Cap. 232), take that person into custody and remove him forthwith to a place of safety if the officer thinks it necessary to do so in the interests of that person or for the protection of other persons.
(2) A person who is in, or is removed under this section to, a place of safety may be detained there for a period not exceeding 24 hours for the purpose of enabling him to be examined by a registered medical practitioner and of making necessary arrangements for his treatment and care.
(3) Such force as is reasonably necessary may be used for the purposes of taking a person into custody and removing him to a place of safety, and for detaining him there, under this section.
(4) In this section, a place of safety (安全地方) means the accident and emergency department of any general hospital.
(5) Nothing in subsection (1) shall confer upon any police officer a right to enter upon any premises.
(Added 46 of 1988 s. 30)

### Mental Health Ordinance 《精神健康條例》

73. Amendment of Schedule
The Secretary for Labour and Welfare may, by notice in the Gazette, amend the Schedule.
(Added 38 of 1996 s. 5. Amended L.N. 106 of 2002; L.N. 130 of 2007)

74. Transitional and savings
(1) Subject to subsection (3), despite—
(a) the repeal of sections 34(1) and (5)(a) and 35(1) and (2);
(b) the amendment of sections 42A and 59B(2)(c);
(c) the repeal and substitution of section 59E(5),

(the original provisions

### Mental Health (Guardianship) Regulations 《精神健康(監護)規例》

1. Citation
These regulations may be cited as the Mental Health (Guardianship) Regulations.

2. Interpretation
In these regulations, unless the context otherwise requires—
Director (署長) means the Director of Social Welfare;
guardianship (監護) means guardianship under Part III, IIIA or IVB of the Ordinance; (L.N. 99 of 1998)
private guardian (非官方監護人) in relation to a mentally incapacitated person means a person other than the Director who is the guardian of the mentally incapacitated person under the Ordinance. (L.N. 99 of 1998)
(L.N. 99 of 1998)

### Mental Health (Guardianship) Regulations 《精神健康(監護)規例》

5. Duty of Director to ensure visits to mentally incapacitated person
The Director shall arrange for every mentally incapacitated person received into guardianship to be visited on his behalf by an officer of the Social Welfare Department at intervals of not more than 6 months.
(L.N. 99 of 1998)

9. Offences
A person who without reasonable excuse contravenes or fails to comply with any of the provisions of regulation 3 commits an offence and is liable to a fine at level 1 and to imprisonment for 3 months.
(L.N. 99 of 1998)

### Dangerous Drugs Regulations 《危險藥物規例》

1. Citation
These regulations may be cited as the Dangerous Drugs Regulations.

2. Interpretation
In these regulations, unless the context otherwise requires—
identity card (身分證) means an identity card issued under the Registration of Persons Ordinance (Cap. 177) and includes a permanent identity card; (L.N. 191 of 1996)
proof of identity (身分證明文件) means any proof of identity specified in section 17B(1) of the Immigration Ordinance (Cap. 115); (L.N. 191 of 1996)
retail business (零售業務) means the business of retailing, dispensing or compounding dangerous drugs carried on at a shop;
retail dealer (零售商) means a person who carries on a retail business.
(L.N. 191 of 1996)