| To amend and consolidate the law relating to mental incapacity and the care and supervision of mentally incapacitated persons, to provide for the management of the property and affairs of mentally incapacitated persons, to provide for the reception, detention and treatment of mentally incapacitated persons who are mentally disordered persons or patients, to provide for the guardianship of such patients and for mentally incapacitated persons generally, to make provision for the giving of consent for treatment or special treatment in respect of mentally incapacitated persons who have attained 18 years of age, to provide for the removal of objectionable terminology relating to mental incapacity in other statutory provisions and to provide for matters incidental or consequential thereto. (Replaced 81 of 1997 s. 2) [19 January 1962] G.N.A. 2 of 1962 (Originally 35 of 1960) Cap 136 s 1 Short title PART I PRELIMINARY This Ordinance may be cited as the Mental Health Ordinance. Cap 136 s 2 Interpretation (1) In this Ordinance, unless the context otherwise requires- "approved social worker" (认可社会工作者) means a social worker approved for the purposes of this Ordinance by the Director of Social Welfare; (Added 46 of 1988 s. 2. Amended 81 of 1997 s. 3) "certified patient" (实证病人) means a person who is detained in a mental hospital in accordance with the provisions of section 36; "chairman" (主席) means chairman of the tribunal; (Added 46 of 1988 s. 2) "Correctional Services Department Psychiatric Centre" (惩教署精神病治疗中心) means the Correctional Services Department Psychiatric Centre set apart as a prison under section 4 of the Prisons Ordinance (Cap 234); (Added 37 of 1973 s. 2) "Court" (原讼法庭) means the Court of First Instance and any judge of the Court of First Instance; (Replaced 25 of 1998 s. 2) "Director of Social Welfare" (社会福利署署长) includes an assistant director of social welfare; "guardian" (监护人)- (a) in relation to a person under the age of 16 years to whom section 30 applies, means any other person having charge of that first-mentioned person or the Director of Social Welfare; (b) in relation to a person under the age of 18 years other than a person to whom paragraph (a) applies, means any other person having charge of that first-mentioned person; (c) in relation to a person subject to a guardianship order under Part IIIA, means the Director of Social Welfare, or such other person as may be specified in the order, as the case may be; or (d) under Part IVB, means the person so appointed under that Part in respect of a mentally incapacitated person who has attained the age of 18 years; (Replaced 81 of 1997 s. 3)"hospital order" (入院令) means an order made in accordance with the provisions of section 45, 49, 54 or 54A or an order having the effect that a person shall be treated as if he were liable to be detained by an order under any of those sections; (Amended 37 of 1973 s. 2; 46 of 1988 s. 2) "IQ" (智商) means intelligence quotient; (Added 81 of 1997 s. 3) "medical officer" (公职医生) means a registered medical practitioner in the full time employment of Government or the Hospital Authority within the meaning of the Hospital Authority Ordinance (Cap 113); (Amended 68 of 1990 s. 24) "medical superintendent" (院长) means the medical superintendent or an assistant medical superintendent of a mental hospital appointed in accordance with the provisions of section 4; "mental disorder" (精神紊乱) means- (a) mental illness; (b) a state of arrested or incomplete development of mind which amounts to a significant impairment of intelligence and social functioning which is associated with abnormally aggressive or seriously irresponsible conduct on the part of the person concerned; (c) psychopathic disorder; or (d) any other disorder or disability of mind which does not amount to mental handicap,and "mentally disordered" (精神紊乱) shall be construed accordingly; (Replaced 81 of 1997 s. 3)"mental handicap" (弱智) means sub-average general intellectual functioning with deficiencies in adaptive behaviour, and "mentally handicapped" shall be construed accordingly; (Added 81 of 1997 s. 3) "mental hospital" (精神病院) means any place declared to be a mental hospital in accordance with the provisions of section 3; "mental hospital visitor" (精神病院视察人员) means a person appointed to be a mental hospital visitor in accordance with the provisions of section 5 while he is so appointed; "mental incapacity" (精神上无行为能力) means- (a) mental disorder; or (b) mental handicap,and "mentally incapacitated" (精神上无行为能力) shall be construed accordingly; (Added 81 of 1997 s. 3)"mentally disordered person" (精神紊乱的人) means a person suffering from mental disorder; (Added 81 of 1997 s. 3) "mentally handicapped person" (弱智人士) means a person who is or appears to be mentally handicapped; (Added 81 of 1997 s. 3) |
