### Mental Health Ordinance 《精神健康條例》

65. Offences against patients
(1) Any attendant, nurse, servant or other person employed in a mental hospital who ill-treats or wilfully neglects any patient shall be guilty of an offence and shall be liable on summary conviction to a fine at level 2 and imprisonment for 2 years. (Amended 46 of 1988 s. 24)
(2) Without prejudice to section 125 of the Crimes Ordinance (Cap. 200), any man who is an officer on the staff of, or is otherwise employed in—
(a) a mental hospital, and has unlawful sexual intercourse with a woman who is detained in that hospital;
(b) the Correctional Services Department Psychiatric Centre and has unlawful sexual intercourse with a woman who is detained in that Centre; or
(c) a mental hospital or general hospital, and has unlawful sexual intercourse with a woman who is receiving treatment for a mental disorder in the mental hospital or the psychiatric unit of the general hospital, where such intercourse takes place on the premises of the mental hospital or psychiatric unit or on premises of which the mental hospital or psychiatric unit forms part,
commits an offence and shall on conviction on indictment be liable to imprisonment for 5 years. (Replaced 46 of 1988 s. 24)
(3) Consent shall not be a defence in any proceedings for an offence under subsection (2) if the accused knew, or had reasonable grounds to suspect at the time when intercourse took place, that the woman with whom he had sexual intercourse was such a woman as is described in paragraph (a), (b) or (c) of that subsection. (Replaced 46 of 1988 s. 24)
(4) If on the trial of any person for rape the Court or jury is satisfied that the accused is guilty of an offence under subsection (2) but are not satisfied that he is guilty of rape, the Court or jury shall acquit him of rape and shall find him guilty of an offence under subsection (2).
(Amended E.R. 1 of 2012)

65A. Sexual intercourse with a woman under guardianship
Any man who has unlawful sexual intercourse with a woman who is received into guardianship, being a woman— (Amended 81 of 1997 s. 53)
(a) of whom he is the guardian; or
(b) who is otherwise in his custody or care under this Ordinance,

commits an offence and shall on conviction on indictment be liable to imprisonment for 5 years.
(Added 46 of 1988 s. 25)

### Mental Health Ordinance 《精神健康條例》

66. Construction of laws
Whenever in any written law or other document whatsoever any reference to a lunatic asylum or asylum or mental hospital is contained, that reference shall be read as a reference to a mental hospital.
(Amended 46 of 1988 s. 26)

67. Medical orders or certificates
Every order or certificate of a medical officer or a registered medical practitioner shall be evidence of the facts therein appearing and of the judgment therein stated to have been formed by the person certifying on such facts, as if the matters therein appearing had been verified on oath.

68. Copy of reception order to be sent to the person in charge of the mental hospital
The Court making an order under section 26 or a District Judge or magistrate making an order under section 31 shall forthwith send a certified copy of the order to the medical superintendent of the mental hospital into which any person is ordered to be received.
(Amended 35 of 1969 s. 2; 50 of 1969 s. 3; 47 of 1997 s. 10)

68A. Duty to give information to detained patients
The medical superintendent of every mental hospital, and the Superintendent of the Correctional Services Psychiatric Centre, shall take such steps as are reasonably practicable to ensure that every patient in the hospital or the Centre, as the case may be, and a relative of every patient, understand—
(a) under which of the provisions of this Ordinance the patient is for the time being detained and the effect of that provision;
(b) what rights of applying to the tribunal are available to the patient in respect of his detention under that provision; and
(c) what rights are available to the patient to apply for his discharge,
and those steps shall be taken as soon as practicable after the commencement of the patient’s detention under the provision in question.
(Added 46 of 1988 s. 27)

### Mental Health Ordinance 《精神健康條例》

69. Protection of persons carrying out the provisions of this Ordinance
(1) Where a person has made application for the removal or detention of any person under the provisions of this Ordinance, or signed or carried out, or done any act with a view to signing or carrying out, an order purporting to be an order for removal or detention, or any report, application, recommendation, or certificate purporting to be a report, application, recommendation, or certificate under this Ordinance, or has done anything or given any advice in a professional capacity in pursuance of this Ordinance, he shall not be liable to any civil or criminal proceedings whether on the ground of want of jurisdiction or on any other ground unless he has acted in bad faith or without reasonable care.
(2) No proceedings, civil or criminal, shall be brought against any person in any Court in respect of any such matter as is mentioned in subsection (1), without the leave of the Court, and leave shall not be given unless the Court is satisfied that there is substantial ground for the contention that the person, against whom it is sought to bring the proceedings, has acted in bad faith or without reasonable care.
(3) Notice of any application under subsection (2) shall be given to the person against whom it is sought to bring the proceedings, and that person shall be entitled to be heard against the application.

70. Penalty for improper reception or detention
(1) Subject to the provisions of section 69 any person who—
(a) otherwise than in accordance with the provisions of this Ordinance receives or detains in a mental hospital a person who is or is alleged to be a mentally disordered person; or
(b) for gain detains in any place not being a mental hospital 2 or more mentally disordered persons,
shall be guilty of an offence and shall be liable on summary conviction to a fine at level 4 and to imprisonment for 2 years. (Amended 46 of 1988 s. 28)
(2) No prosecution under this section shall be instituted except by or with the consent of the Secretary for Justice. (Amended L.N. 362 of 1997))
(3) Nothing in this section shall prevent any general hospital or nursing home which has been recognized as such by the Hospital Authority within the meaning of the Hospital Authority Ordinance (Cap. 113) from receiving and treating any person who is in need of and is desirous of receiving psychiatric treatment. (Amended L.N. 76 of 1989; 68 of 1990 s. 24)
(Amended E.R. 1 of 2012)

### Mental Health Ordinance 《精神健康條例》

71. Powers of a District Judge and a magistrate
For the purpose of the exercise of the power conferred by section 31 a District Judge and a magistrate may exercise the powers conferred on a magistrate by the Magistrates Ordinance (Cap. 227) of requiring the attendance before him of any person who may be able to assist him in the exercise of such power and of receiving on oath the evidence of any person.
(Added 50 of 1969 s. 4. Amended 46 of 1988 s. 29)