| (Cap 136 section 72) [19 January 1962] (G.N.A. 3 of 1962) Cap 136A reg 1 Citation These regulations may be cited as the Mental Health Regulations. Cap 136A reg 1A Interpretation In these regulations, unless the context otherwise requires- "Hospital Authority" (医院管理局) means the Hospital Authority established by section 3 of the Hospital Authority Ordinance (Cap 113); "postal article" (邮递品) has the meaning assigned to it by section 2 of the Post Office Ordinance (Cap 98). (L.N. 298 of 1996) Cap 136A reg 2 Forms The forms set forth in the Schedule are prescribed for the purposes of the Ordinance. Cap 136A reg 3 Responsibility of medical superintendent The medical superintendent of a mental hospital shall be responsible for the care and treatment of all patients in the mental hospital and for the maintenance of discipline and good order in the hospital. Cap 136A reg 4 Visits and telephone calls (1) A medical superintendent may refuse to permit a person other than a mental hospital visitor to visit a patient if he reasonably considers that the visit is likely to cause unnecessary distress to or adversely affect the treatment of the patient. (2) A medical superintendent may refuse to permit a patient to make or to receive a telephone call at a mental hospital if- (a) he reasonably considers that the telephone call is likely to cause unnecessary distress to or adversely affect the treatment of the patient; (b) he reasonably considers that the telephone call is likely to cause unnecessary distress to the person to whom the telephone call is made or to any other person, not being a person on the staff of the mental hospital; or (c) the person to whom the telephone call is made has given notice in writing to the medical superintendent requesting that a telephone call made to him by the patient should be disallowed. (L.N. 298 of 1996) Cap 136A reg 5 Power to open and examine any postal article, etc. Remarks: Adaptation amendments retroactively made - see 60 of 2000 s. 3 (1) Subject to subregulation (2), a medical superintendent may open and examine- (a) any postal article or any other article or thing addressed to a patient which is sent to or left at a mental hospital; (b) any postal article or other article or thing intended to be sent by a patient.(2) Subregulation (1) does not apply to any postal article or other article or thing intended to be sent by a patient to- (a) the Chief Executive; (60 of 2000 s. 3) (b) a member of the Executive Council; (L.N. 419 of 1996) (c) a member of the Legislative Council; (d)-(e) (Repealed 78 of 1999 s. 7) (f) a member of a District Council; (L.N. 419 of 1996; 8 of 1999 s. 89) (g) a Justice of the Peace; (L.N. 419 of 1996) (h) a public officer; (L.N. 419 of 1996) (i) a mental hospital visitor; (L.N. 419 of 1996) (j) the Hospital Authority; (L.N. 419 of 1996) (k) the Mental Health Review Tribunal or its secretary; or (L.N. 419 of 1996) (l) a solicitor acting for the patient. (L.N. 419 of 1996) (L.N. 298 of 1996) Cap 136A reg 5A Refusal to permit certain postal articles, etc. addressed to a patient to be delivered to that patient (1) Subject to subregulation (2), a medical superintendent may refuse to permit any postal article or other article or thing addressed to a patient to be delivered to such patient if the medical superintendent reasonably considers that such postal article or other article or thing is likely to- (a) cause unnecessary distress to or adversely affect the treatment of the patient; or (b) cause danger to any person.(2) A medical superintendent shall not exercise the power conferred by subregulation (1) in respect of any postal article or other article or thing 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) Cap 136A reg 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) Cap 136A reg 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- |
