### Mental Health Ordinance 《精神健康條例》

44C. Interpretation
In this Part, unless the context otherwise requires—
mental incapacity (精神上無行為能力), in relation to treatment, includes behaviour manifested by a mental incapacity; (Replaced 81 of 1997 s. 35)
supervised person (受監管人) includes a prospective supervised person;
supervising officer (監管人員) includes a prospective supervising officer;
supervision (監管) includes care;
treatment (治療) includes education, training and behaviour management.

44D. Power of court or magistrate to make supervision and treatment order
(1) Subject to the other provisions of this Part, where—
(a) section 76(1) of the Criminal Procedure Ordinance (Cap. 221) applies to a person;
(b) the court or magistrate concerned is satisfied, on the written or oral evidence of 2 or more registered medical practitioners (of whom not less than 2 shall be psychiatrists on the Specialist Register established under section 6(3) of the Medical Registration Ordinance (Cap. 161)), that— (Amended 32 of 2000 s. 10)
(i) the person is mentally incapacitated to a nature or degree which warrants his receiving supervision and treatment under this Part;
(ii) the mental incapacity is susceptible to treatment; and
(iii) it is necessary in the interests of the welfare of the person or for the protection of other persons that the person should be so supervised and treated; and (Amended 81 of 1997 s. 36)
(c) the court or magistrate is of the opinion, having regard to all the circumstances of the case, including—
(i) the nature of any act or omission by virtue of which the section referred to in paragraph (a) applies to him;
(ii) the character and antecedents of the person;
(iii) the other available methods of dealing with him; and
(iv) the advice of the Director of Social Welfare on—
(A) the suitability of an order under this section in the case of the person;
(B) where applicable, the availability of a suitable person acting under the Director of Social Welfare’s authority under paragraph (i) if there is an order under this section in the case of the person; and
(C) if there is an order in the case of the person, the arrangements that will need to be made for the treatment intended to be specified in the order,
that the most suitable method of disposing of the case is by means of an order under this section,
the court or magistrate may by an order (supervision and treatment order

### Mental Health Ordinance 《精神健康條例》

44E. Restrictions on the making of a supervision and treatment order
(1) The court or magistrate shall not make a supervision and treatment order unless the court or magistrate has considered a social inquiry report from the supervising officer.
(2) For the purpose of subsection (1), social inquiry report (社會背景調查報告) means a report—
(a) compiled by the supervising officer of the supervised person; and
(b) which includes an assessment of the family background, and social and financial situation, of the supervised person.

44F. Making of a supervision and treatment order and general requirements
(1) Before making a supervision and treatment order, the court or magistrate shall explain to the supervised person the effect of the order.
(2) The supervised person shall keep in contact with the supervising officer in accordance with such instructions as he may from time to time be given by that officer and shall notify that officer of any change of address.
(3) For the purpose of executing the supervision and treatment order concerned, the supervising officer shall have the power to convey the supervised person to a place or places as specified in the order.

44G. Obligatory requirements as to medical treatment
(1) A supervision and treatment order shall include a requirement that the supervised person shall submit, during the whole or part of such period as specified in the order, to treatment (which may include residential treatment in a hospital) by or under the direction of a registered medical practitioner (or other appropriately qualified person) with a view to the improvement of his mental incapacity. (Amended 81 of 1997 s. 37)
(2) When the supervised person is under treatment as a residential patient in a mental hospital, the supervision and treatment order shall be suspended until the supervised person is discharged from that hospital.

44H. Optional requirements as to residence
A supervision and treatment order may include requirements as to the residence of a supervised person and, where the supervised person is required to reside in an institution, the period for which he is so required to reside shall be specified in the order.

44I. Revocation and amendment of a supervision and treatment order
Where a supervision and treatment order is in force in respect of any supervised person and, on the application of the supervised person, a relative of the supervised person or the supervising officer, the court or magistrate is satisfied that—
(a) having regard to circumstances which have arisen since the order was made, it would be in the interests of the health or welfare of the supervised person that the order should be revoked, the court or magistrate, as the case may be, may revoke the order;
(b) the supervised person has persistently refused to comply with the requirements as specified in the order, but the condition does not require compulsory admission to a mental hospital, the court or magistrate, as the case may be, may revoke the order or vary the requirements of the order.

### Mental Health Ordinance 《精神健康條例》

46. Requirement as to medical evidence
(1) Of the registered medical practitioners whose evidence is received in accordance with section 45(1)(b) or 54(3) at least one shall be a medical officer.
(2) For the purpose of section 45(1)(b) or 54(3) a report in writing purporting to be signed by a registered medical practitioner may, subject to the provisions of this section, be received in evidence without proof of the signature or qualifications of the registered medical practitioner but the court or magistrate may require that the registered medical practitioner, by whom the report was signed, be called to give oral evidence.
(3) Where, in pursuance of the directions of a court or magistrate, a report of a registered medical practitioner is tendered in evidence in accordance with section 45(1)(b) otherwise than by or on behalf of the accused— (Amended 40 of 1962 s. 2 )
(a) if the accused is represented by counsel or solicitor, a copy of the report shall be given to his counsel or solicitor;
(b) if the accused is not so represented, the substance of the report shall be disclosed to the accused or, in the case of a child or young person, to his parent or guardian if present in court; and
(c) in any case, the accused, or in the case of a child or young person, his parent or guardian may require that the registered medical practitioner who signed the report be called to give oral evidence, and evidence to rebut the evidence contained in the report may be called by or on behalf of the accused.
(Amended 46 of 1988 s. 16; 81 of 1997 s. 39)[cf. 1959 c. 72 s. 62 U.K.]

### Mental Health Ordinance 《精神健康條例》

48. Appeal against hospital order
Any person who is aggrieved by a hospital order made in respect of him or in respect of a child or young person of whom he is parent or guardian may appeal against the hospital order in the same manner as any other judgment or order of the court or magistrate and in any such appeal, the provisions of any other enactment relating to appeals against orders or judgments of the court or magistrate shall apply.
[cf. 1959 c. 72 s. 70 U.K.]

50. Period of detention under this Part
No person shall be detained— (Amended 81 of 1997 s. 42)
(a) in pursuance of a hospital order, being an order authorizing his detention for a specified period, after the expiration of that period; or
(b) if he is serving a sentence of imprisonment in pursuance of the order of any court, in a mental hospital or the Correctional Services Department Psychiatric Centre after the expiration of the sentence of imprisonment,
unless he is detained under Part III otherwise than as applied by this Part.
(Replaced 46 of 1988 s. 18)