### Mental Health Ordinance 《精神健康條例》

59ZF. When treatment may be carried out without consent
(1) Treatment by a registered medical practitioner or registered dentist may be carried out in respect of a mentally incapacitated person to whom this Part applies without consent under section 59ZD(1) or (2) if that registered medical practitioner or registered dentist intending to carry out or supervise the treatment considers that as a matter of urgency that treatment is necessary and is in the best interests of the mentally incapacitated person.
(2) Subject to subsection (3), treatment by a registered medical practitioner or registered dentist may be carried out in respect of a mentally incapacitated person to whom this Part applies without consent under section 59ZD(1) if—
(a) after all reasonably practicable steps have been taken by that practitioner or that dentist to ascertain whether or not a guardian has been appointed under Part IIIA or IVB responsible for that person, there is, or appears to be, no guardian so appointed; or
(b) the guardian appointed under Part IIIA or IVB has not been conferred the power to consent in a guardianship order under section 44B(1)(d) or 59R(3)(d).
(3) Where a registered medical practitioner or registered dentist intending to carry out or supervise the treatment under subsection (2) considers that that treatment is necessary and is in the best interests of the mentally incapacitated person, then he may carry out that treatment without the consent of the mentally incapacitated person or that person’s guardian (if any) accordingly.

59ZG. Applications to Court
(1) Any person, including a medical superintendent, registered medical practitioner or registered dentist, may apply to the Court for consent to the carrying out of special treatment in respect of a mentally incapacitated person to whom this Part applies.
(2) Any person, including a medical superintendent, registered medical practitioner or registered dentist, may apply to the Court for consent to the carrying out of treatment in respect of a mentally incapacitated person to whom this Part applies in circumstances where a guardian of that person appointed under Part IIIA or IVB who has been conferred the power to consent in a guardianship order under section 44B(1)(d) or 59R(3)(d)—
(a) is, for whatever reason unable or unwilling to make a decision concerning a request under section 59ZE for his consent to the carrying out of treatment in respect of that person; or
(b) having failed properly to observe and apply the principles described in section 59ZB(3), refuses to give such consent.

### Mental Health Ordinance 《精神健康條例》

59ZH. Service of applications
(1) The person making an application under section 59ZG(1) or (2) shall, as soon as practicable after making the application, serve a copy of the application on—
(a) the mentally incapacitated person the subject of the application;
(b) the person (other than the applicant) who is proposing that treatment or special treatment, as the case may be, should be carried out in respect of the mentally incapacitated person; and
(c) the guardian (if any) appointed under Part IIIA or IVB who is responsible for that person.
(2) Subject to section 59ZJ(2), any failure to serve a copy of an application under subsection (1)(b) or (c) shall not affect any decision of the Court in respect of the application, but the Court shall take into account any such failure in making its decision.

59ZI. Consent of Court
(1) Without prejudice to section 59ZF(1), if, after conducting a hearing into an application under section 59ZG(1) or (2), the Court is satisfied that it is appropriate that treatment or special treatment, as the case may be, should be carried out in the best interests of the mentally incapacitated person to whom this Part applies, the Court may consent to the carrying out of that treatment or that special treatment and make an order to the applicant to that effect.
(2) Nothing in this section requires the Court to consider an application under section 59ZG(1) or (2) if the Court is not satisfied that the applicant has a sufficient interest in the health and well-being of the mentally incapacitated person to whom this Part applies.

59ZJ. Restriction on the giving of consent by Court
(1) The Court shall not consent under this Part to the carrying out of special treatment in respect of a mentally incapacitated person to whom this Part applies unless the Court is satisfied that the special treatment is the only or most appropriate method of treating that person or that the special treatment is in the best interests of that person.
(2) In the case of a failure to serve a copy of an application under section 59ZH(1)(b) or (c), the Court shall not consent under this Part to the carrying out of treatment or special treatment, as the case may be, in respect of a mentally incapacitated person to whom this Part applies unless the Court is satisfied that that failure will not affect the observation and application of the principles referred to in section 59ZB(3).

### Mental Health Ordinance 《精神健康條例》

59ZK. Effect of consent
Consent given under this Part for the carrying out of treatment or special treatment, as the case may be, in respect of a mentally incapacitated person to whom this Part applies has effect for all purposes as if—
(a) that person had been capable of giving such consent to the carrying out of that treatment or that special treatment; and
(b) that treatment or that special treatment had been carried out with the consent of that person.

60. Saving of powers
Nothing in this Part shall interfere with or derogate from the power vested in the Court by Part II over any person found to be a mentally incapacitated person.
(Amended 81 of 1997 s. 58)

61. Amendment of orders
(1) If after the reception of any patient into a mental hospital it appears that the order or the medical certificate upon which he was received is defective or incorrect, the same may at any time afterwards be amended, with the sanction of the medical superintendent, by the person or persons signing the same.
(2) An amendment made under this section shall be effective as from the date of the reception.

62. Application of property of a mentally incapacitated person found wandering
Any movable property which may be in the possession of a mentally incapacitated person found wandering at large may be sold by order of a District Judge, and the proceeds thereof, or such part of the same as may be necessary, applied towards the payment of the charge of the lodging and maintenance of such person and of any other expenses incurred on his behalf.
(Amended 35 of 1969 s. 2; 81 of 1997 s. 58)

63. Enforcement of cost of maintenance
(1) The Court, on the application of the Secretary for Justice and on being satisfied that a patient including a person who has been received into a mental hospital in accordance with section 76 of the Criminal Procedure Ordinance (Cap. 221) has property which may be applied towards his maintenance or that any person is legally bound to maintain the patient and has sufficient means to enable him to do so, may make an order for the recovery of the cost of the maintenance of the patient, together with the costs of the application, out of the property of the patient or from such person. (Amended L.N. 362 of 1997)
(2) Any order made in accordance with the provisions of subsection (1) shall be of the same force and effect and subject to the same appeal as a judgment or order made by the Court in any proceedings in respect of the property or of the person therein mentioned.

64. Saving
Nothing in this Ordinance shall effect or take away from the liability of any person to maintain a mentally incapacitated person.
(Amended 81 of 1997 s. 58)