Compulsory admission in Hong Kong: Balance between paternalism and patient liberty

In Hong Kong, compulsory admission is governed by the Mental Health Ordinance Section 31 (detention of a patient under observation), Section 32 (extension of period of detention for such a patient), Section 36 (detention of certified patients), and the sections in Part IV for hospital order, transfe...

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Bibliographic Details
Published in:East Asian archives of psychiatry 2018-12, Vol.28 (4), p.122-128
Main Authors: Siu, B Wm, Fistein, E C, Leung, H W, Chan, L Sy, Yan, C K, Lai, A Ch, Yuen, K K, Ng, K K
Format: Article
Language:English
Subjects:
Analysis
Commitment of Mentally Ill - ethics
Commitment of Mentally Ill - legislation & jurisprudence
Decision making
Freedom
Hong Kong
Hospitalization
Humans
Imprisonment
Intellectual disabilities
Involuntary treatment
Law and legislation
Legislation, Medical
Length of Stay
Medical personnel
Mental disorders
Mental health
Mental health care
Mental health services
Mental Health Services - ethics
Mental Health Services - statistics & numerical data
Mental illness
Paternalism
Patient Advocacy - ethics
Patients
Practice
Psychiatric nurses
Psychological aspects
Treatment
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Summary:In Hong Kong, compulsory admission is governed by the Mental Health Ordinance Section 31 (detention of a patient under observation), Section 32 (extension of period of detention for such a patient), Section 36 (detention of certified patients), and the sections in Part IV for hospital order, transfer order, and removal order. Mental health professionals adopt both legal criteria and practice criteria for compulsory admission. The present study discusses the harm principle, the patient's decision-making capacity, the multi-axial framework for compulsory admission, and the balance between paternalism and patient liberty.
ISSN:2078-9947
2224-7041
DOI:10.12809/eaap1825