### Mental Health Ordinance 《精神健康條例》

27. Annulling proceedings
(1) When any person has been found to be mentally incapacitated and it shall be shown to the Court, either on the application of such person or of any other person acting on his behalf or on the information of any other person, that there is reason to believe that such person has become capable of managing and administering his property and affairs, the Court may make an order for inquiry whether such person is so capable.
(2) An inquiry under this section shall be conducted in the same manner as an inquiry under section 10(1), and the power under section 9 to examine a person alleged to be mentally incapacitated shall be applied accordingly. (Replaced 81 of 1997 s. 20)
(3) If it be found on such inquiry that the person who is the subject of the inquiry has become capable of managing and administering his affairs, the Court shall order all proceedings in such matter to cease or to be set aside on such terms and conditions as under the circumstances of the case shall appear proper.
(4) A committee of the estate appointed under this Part for any mentally incapacitated person shall be discharged by order of the Court on the Court being satisfied that that person has become capable of managing and administering his property and affairs, and may be discharged by order of the Court at any time if the Court considers it expedient to do so, and such a committee of the estate shall be discharged (without any order) on the death of the mentally incapacitated person. (Added 81 of 1997 s. 20)
(Amended 81 of 1997 s. 20)

28. References to tribunal by medical superintendent
Where the Court has made an order under section 27(3) in respect of any person detained in a mental hospital, the medical superintendent of the mental hospital shall forthwith, on the production of a certified copy of such order, refer the case to the tribunal under section 59D(1)(a).
(Replaced 81 of 1997 s. 21)

### Mental Health Ordinance 《精神健康條例》

30. Voluntary patients
(1) If a person appears to require treatment in a mental hospital and if he, or in the case of a person under the age of 16 years, his parent or guardian—
(a) is desirous that such person should receive such treatment; and
(b) completes an application in writing; and
(c) lodges the application with a medical superintendent,
the medical superintendent may admit such person as a voluntary patient.
(2) A voluntary patient—
(a) shall be entitled to leave the mental hospital after the expiration of 7 days from his, or if he is under the age of 16 years, his parent or guardian, giving notice in writing; or, in the discretion of the medical superintendent, verbal notice, to the medical superintendent of the intention of the voluntary patient to leave the mental hospital:
Provided that a medical superintendent may in his absolute discretion discharge a voluntary patient at any time within such period of 7 days; and
(b) shall leave the mental hospital within 72 hours after he, or if he is under the age of 16 years his parent or guardian, has received from the medical superintendent notice in writing, signed by the medical superintendent, stating that the medical superintendent is satisfied that it is not necessary that the voluntary patient should remain in the mental hospital and that the voluntary patient is required to leave the mental hospital.
(3) A person who became a voluntary patient when he was under the age of 16 years shall not remain in a mental hospital as a voluntary patient for more than 28 days after he has attained the age of 16 years unless during such period of 28 days he shall have completed and lodged with the medical superintendent such application as is referred to in subsection (1).
(4) A medical superintendent may detain in a mental hospital, for observation and treatment, a person who has been admitted as a voluntary patient until the expiration of 7 days from the time when such notice as is referred to in subsection (2)(a) has been given or, in the case of a person who was admitted as a voluntary patient when he was less than 16 years of age, until the expiration of 28 days after the voluntary patient has attained the age of 16 years.

### Mental Health Ordinance 《精神健康條例》

32. Extension of period of detention of a patient under observation
(1) If a patient under observation in a mental hospital has been examined by 2 registered medical practitioners, either separately or together, and the 2 registered medical practitioners are of the opinion that it is necessary that the patient under observation should be detained in a mental hospital for a further period for the purpose of observation, investigation and treatment, they may complete a certificate in the prescribed form and forward it to a District Judge. (Amended 35 of 1969 s. 2)
(2) If a District Judge who has received a certificate in accordance with the provisions of subsection (1) is of the opinion that it is necessary for the person named in the certificate to be detained in a mental hospital for a further period of observation, investigation and treatment, he shall countersign the certificate and shall forward it to the medical superintendent of the mental hospital in which the person is detained. (Amended 35 of 1969 s. 2)
(3) Only one extension of not more than 21 days shall be made in accordance with this section to any order made in accordance with section 31. (Amended 46 of 1988 s. 6)
(4) Subject to section 36, no person shall be detained in a mental hospital after the expiration of the period of any order made in accordance with section 31 and of any extension thereto made in accordance with this section unless he has become a voluntary patient. (Amended 46 of 1988 s. 6)

### Mental Health Ordinance 《精神健康條例》

35A. General provisions as to applications
(1) Subject to the provisions of this section, an application under section 31(1) for detention for observation shall be in the prescribed form and may be made by—
(a) a relative of the patient;
(b) a registered medical practitioner;
(c) a public officer in the Social Welfare Department,
and every such application shall specify which of those persons is making the application and, if made by a relative of a patient, shall state the relationship.
(2) Before an application under section 31(1) for the detention of a patient for observation is made by a registered medical practitioner or a public officer in the Social Welfare Department, that practitioner or officer shall take such steps as are reasonably practicable to inform a person in Hong Kong appearing to him to be a relative of the patient (if there is such a person) that the application is to be made, and if the medical practitioner or public officer fails to take such steps prior to the detention of the patient in a mental hospital, the medical superintendent shall, as soon as practicable thereafter, take them.
(3) No application for detention for observation under section 31(1) may be made by any person in respect of a patient unless that person has personally seen the patient within the period of 14 days ending immediately prior to the date of application.
(Added 46 of 1988 s. 7. Amended 81 of 1997 s. 27)