### Mental Health Regulations 《精神健康規例》

5B. Refusal to permit certain postal articles, etc. intended to be sent by a patient to leave the mental hospital
(1) Subject to subregulation (2), a medical superintendent may refuse to permit any postal article or other article or thing intended to be sent by a patient to leave the mental hospital if—
(a) the person to whom such postal article or other article or thing is addressed has given notice in writing to the medical superintendent requesting that such should not be sent; or
(b) the medical superintendent reasonably considers that such postal article or other article or thing is likely to—
(i) cause danger to any person; or
(ii) cause unnecessary distress to the person to whom it is addressed or to any other person, not being a person on the staff of the mental hospital.
(2) Subregulation (1) does not apply to any postal article or other article or thing intended to be sent to any of the persons or bodies specified in regulation 5(2).
(L.N. 298 of 1996)

5C. Power to delete any part of a letter
(1) Subject to subregulation (2), a medical superintendent may, in the case of a letter, delete any part of it if he reasonably considers that such part if not deleted would be likely—
(a) where the letter is addressed to a patient, to cause unnecessary distress to or adversely affect the treatment of the patient;
(b) where the letter is intended to be sent by a patient, to cause unnecessary distress to the person to whom it is addressed or to any other person, not being a person on the staff of the mental hospital; or
(c) to cause danger to any person.
(2) Subregulation (1) does not apply to—
(a) any letter intended to be sent by a patient to any of the persons or bodies specified in regulation 5(2);
(b) any letter addressed to a patient by any of the persons or bodies specified in regulation 5(2) except with the prior consent of the person or body.
(L.N. 298 of 1996)

### Mental Health Regulations 《精神健康規例》

5D. Duty to give notice
Where—
(a) any postal article or other article or thing addressed to a patient is not delivered to the patient under regulation 5A, or any part of a letter addressed to a patient is deleted under regulation 5C, the medical superintendent shall within 7 days after exercising the power conferred under regulation 5A or 5C (as the case may be) give notice of the fact to the patient and to the sender of the postal article or other article or thing (if known); or
(b) any postal article or other article or thing intended to be sent by a patient is not permitted to leave the mental hospital under regulation 5B, or any part of a letter intended to be sent by the patient is deleted under regulation 5C, the medical superintendent shall within 7 days after exercising the power conferred under regulation 5B or 5C (as the case may be) give notice of the fact to the patient and to the person or body to whom the postal article or other article or thing is addressed.
(L.N. 298 of 1996; L.N. 419 of 1996)

5E. Return of postal articles, etc. to sender
A medical superintendent shall—
(a) in the case specified in regulation 5D(a), return such postal article or other article or thing to the sender (if known);
(b) in the case specified in regulation 5D(b), return such postal article or other article or thing to the patient.
(L.N. 298 of 1996)

5F. Power to open any postal article, etc. includes power to open anything contained therein, etc.
The powers conferred on a medical superintendent by regulations 5, 5A, 5B and 5E in relation to postal articles or other articles or things apply to anything contained in or forming part of such postal articles or other articles or things.
(L.N. 298 of 1996)

6. Execution of documents
(1) No patient may execute a document without the prior permission of a medical superintendent.
(2) A medical superintendent may withhold permission under this regulation if he reasonably considers that the patient is of such unsound mind that he is incapable of understanding the legal implications of the execution of the document.
(L.N. 298 of 1996)

7. Employment of patients
(1) A medical superintendent may employ a patient on such work in a mental hospital as the medical superintendent reasonably considers to be appropriate or desirable having regard to the patient’s treatment.
(2) Nothing in subregulation (1) shall be construed as conferring a power on a medical superintendent to compel a patient to work.
(L.N. 298 of 1996)

### Mental Health Regulations 《精神健康規例》

8. Restriction on possession by patient of certain articles or things
(1) A medical superintendent may search a patient or anything in the possession of the patient if he reasonably considers that the patient has in his possession any article or thing which is likely—
(a) to cause unnecessary distress to or adversely affect the treatment of the patient or any other patient; or
(b) to cause danger to any person.
(2) A medical superintendent may confiscate or remove from a patient any article or thing found in his possession which the medical superintendent reasonably considers is such as is referred to in subregulation (1)(a) or (b).
(L.N. 298 of 1996)

9. Restriction on receipt by patient of certain articles or things
(1) A medical superintendent may direct that a patient is not to receive any article or thing, or that any article or thing is not to be given to a patient, if the medical superintendent reasonably considers that the patient is of such unsound mind that he is incapable of looking after, handling or using the article or thing properly.
(2) A person who in contravention of a direction given under subregulation (1) knowingly—
(a) conveys to any patient; or
(b) sends to, brings to, throws into or otherwise deposits in the premises of a mental hospital,
any article or thing with a view to its coming into the possession of any patient, commits an offence and is liable on summary conviction to a fine at level 1.
(3) Any article or thing conveyed, sent, brought, thrown or deposited in contravention of a direction given under subregulation (1) may be confiscated by a medical superintendent, whether or not a person has been convicted of an offence in connection with the contravention.
(4) If a medical superintendent reasonably suspects that a person who is visiting a mental hospital has any article or thing in his possession with intent to contravene subregulation (1), he may require that person to be searched.
(5) Nothing in subregulation (4) authorizes the searching of a person other than by a person of the same sex.
(L.N. 298 of 1996)

10. Prohibition of entry into a mental hospital
Any person who enters a mental hospital without lawful authority or excuse shall be guilty of an offence and on summary conviction shall be liable to a fine at level 1.
(L.N. 298 of 1996)

### Mental Health Ordinance 《精神健康條例》

1. Short title
This Ordinance may be cited as the Mental Health Ordinance.