14 Sept 2004
HKSAR v. LAM CHUNG SAN
- Citation
- HKSAR v. LAM CHUNG SAN
- Court
- Court of Appeal
- Case number
- CACC93/2004
A hospital order that specifies only a minimum term without a clear release date is inconsistent with the Mental Health Ordinance (notably s50 and s36(4)) because it creates uncertainty about when statutory procedures begin; therefore the original minimum-term-only order was set aside and substituted with a specified 12-month hospital order under s45 as the appropriate and clear disposition in the circumstances.