### Mental Health Ordinance 《精神健康條例》

38. Temporary transfer of patients
When it appears to a medical superintendent that it would be for the benefit of any certified patient receiving treatment or special care or that it is necessary for the purpose of obtaining treatment of a particular nature for any patient, that he should be temporarily transferred to and maintained in another hospital, institution or place, the medical superintendent, if the person in charge of the other hospital, institution or place is willing to receive the patient, may arrange for such transfer.
(Amended 46 of 1988 s. 10; 81 of 1997 s. 29)

39. Absence on trial
(1) A medical superintendent may from time to time permit a certified patient or a patient under observation to be absent from the mental hospital on trial for such periods as the medical superintendent may think proper. (Amended 46 of 1988 s. 11)
(2) Any absence on trial under this section shall be subject to such conditions as the medical superintendent may prescribe.
(3) In any case where a patient is absent from a mental hospital in accordance with this section, the medical superintendent may, subject to subsection (5), by notice in writing in the prescribed form to the patient or to the person for the time being in charge of the patient, revoke the permission to be absent and recall the patient to the mental hospital if he is of the opinion that it is necessary so to do in the interests of the patient’s health or safety or for the protection of other persons. (Replaced 46 of 1988 s. 11)
(4) If before the expiry of any period of absence which has been prescribed the medical superintendent certifies in the prescribed form that it is not necessary that the patient be detained in a mental hospital he shall be deemed to have been lawfully discharged in accordance with the provisions of this Ordinance. (Amended 46 of 1988 s. 11)
(5) A patient who has been permitted to be absent from a mental hospital in accordance with the provisions of this section shall not be recalled under subsection (3) after he has ceased to be liable to be detained under this Ordinance. (Added 46 of 1988 s. 11)

### Mental Health Ordinance 《精神健康條例》

42. Discharge of patient before recovery
(1) Where on behalf of a patient including a voluntary patient a relative or friend of the patient makes application in writing in the prescribed form to the medical superintendent—
(a) stating the relationship or connection of the applicant with the patient;
(b) requesting that the patient may be delivered over to the applicant; and
(c) undertaking that the patient will receive proper care and will be prevented from doing injury to himself or to others and, in the case of an application by a person other than the person on whose application the patient was admitted to a mental hospital, satisfies the medical superintendent that before he made the application he served on such person notice of his intention so to do,
the medical superintendent shall within 48 hours of the receipt of the application either—
(i) discharge the patient to the applicant notwithstanding that the patient is still a mentally disordered person; or
(ii) give to the applicant a certificate in the prescribed form stating that he refuses to discharge the patient on the ground that—
(A) he is satisfied that the patient is dangerous or otherwise unfit to be at large; or
(B) he is not satisfied that the patient will receive proper care.
(2) (Repealed 46 of 1988 s. 13)

42A. Discharge of patient
(1) Subject to section 42B a patient who is for the time being liable to be detained shall cease to be so liable if there is made in accordance with this section an order in writing discharging him from detention (referred to as an order for discharge

42B. Conditional discharge of patients with propensity to violence
(1) Where—
(a) it appears to the medical superintendent that a patient has a medical history of criminal violence or a disposition to commit such violence; but
(b) the medical superintendent is of the opinion that the patient may safely be discharged subject to conditions to be specified in an order for discharge,
the medical superintendent may, in the exercise of his powers under section 42A, but subject to any restriction on such power imposed by any provision of Part IV, make an order for discharge subject to compliance by the patient discharged (in this section and section 43 called the conditionally discharged patient

### Mental Health Ordinance 《精神健康條例》

44. Removal of patient from Hong Kong
(1) Where an alien or any person not domiciled in Hong Kong is detained as a patient and it appears expedient that he should be removed to the country of which he is a national, the Chief Secretary for Administration if satisfied that his removal is likely to be for his benefit, and that proper arrangements have been made for such removal and for his subsequent care and treatment, may, by warrant, direct the patient to be delivered to the person named in the warrant for the purpose of removal to the country of which he is a national, and every such warrant shall be obeyed by the person or authority having the charge of the person named therein. (Amended 81 of 1997 s. 32; L.N. 362 of 1997)
(2) A warrant under this section shall be sufficient authority for the master of any vessel or captain of any aircraft or the guard on any train to receive and detain the patient on board such vessel, aircraft or train for the purpose of conveying him to his destination.
(3) Any order of removal made under this section shall be addressed to the medical superintendent of the mental hospital in which the patient is at the time detained and shall direct him to deliver up the patient to the person mentioned in such order at such place and in such manner as may be specified in the said order for the purpose of such removal as aforesaid; and the patient shall be delivered up accordingly.
(4) Any patient removed from Hong Kong in accordance with the provisions of this section shall not return to Hong Kong except by permission of the Chief Secretary for Administration. (Amended L.N. 362 of 1997)
(Amended 46 of 1988 s. 32)

### Mental Health Ordinance 《精神健康條例》

44A. Power of court or magistrate to make guardianship order
(1) 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. 9)
(i) the person is mentally incapacitated to a nature or degree which warrants his reception into guardianship under this Part; and (Amended 81 of 1997 s. 33)
(ii) 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 received; and (Amended 81 of 1997 s. 33)
(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; and
(B) where applicable, the availability of a suitable person to be authorized under paragraph (i) if there is an order under this section in the case of the person,
that the most suitable method of disposing of the case is by means of an order under this section,
the court or magistrate may—
(i) by an order (guardianship order