In re Patient O

In re Patient O

Section 36 is procedural and does not itself create liability to detention; a patient detained under sections 31 or 32 for short-term observation is not, by that fact alone, a patient "liable to be detained" under s36, so the Form 7 in respect of Patient O was misconceived and s36 procedure could not properly be...

Source-derived case information.

Citation
In re Patient O
Parties
Subject/patient: Patient O; Respondent: Hospital Authority; Institution: Castle Peak Hospital; Amicus Curiae: Official Solicitor (Amicus Curiae)
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
7 May 2001
Case Number
DCMP959/2001
Procedural Posture
Miscellaneous Proceedings (in Re Patient O) / Hearing on Countersignature of Form 7 Under S36; Decision on Legality of Detention
Outcome
Form 7 misconceived; section 36 procedure should not have been undertaken; no detention order under s36 made in respect of Patient O
Legal Topics
Compulsory Detention, Section 36 Procedure, Form 7 Countersignature, Meaning of "liable to Be Detained", Appointment of Guardian Under Part IVB
Source Language
en
Mental Health Law Administrative Law Guardianship Law Compulsory Detention Section 36 Procedure Form 7 Countersignature Meaning of "liable to Be Detained" Appointment of Guardian Under Part IVB

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Parties

Patient O

Subject/patient

Hospital Authority

Respondent

Castle Peak Hospital

Institution

Official Solicitor (Amicus Curiae)

Amicus Curiae

Procedural Posture

Miscellaneous Proceedings (in Re Patient O) / Hearing on Countersignature of Form 7 Under S36; Decision on Legality of Detention

Legal Issues

  1. 1 Whether a patient detained under sections 31 or 32 for short observation is a "patient liable to be detained" for the purposes of section 36
  2. 2 Whether section 36 creates liability to detention or is purely procedural
  3. 3 Whether Form 7 procedure was properly invoked in respect of Patient O

Ratio Decidendi

Section 36 is procedural and does not itself create liability to detention; a patient detained under sections 31 or 32 for short-term observation is not, by that fact alone, a patient "liable to be detained" under s36, so the Form 7 in respect of Patient O was misconceived and s36 procedure could not properly be invoked absent statutory liability or guardian-given consent.

Court Disposition

Form 7 misconceived; section 36 procedure should not have been undertaken; no detention order under s36 made in respect of Patient O

Orders

  • No order for detention under section 36; Form 7 relating to Patient O not to be acted upon for long-term detention
  • No order as to costs