First suit under new law is adjudicated
Print Edition
The Shanghai Minhang District People’s Court rejected a lawsuit brought by a mental health patient seeking release from the institution where he has been incarcerated for 12 years.
It was the first judgement under China’s 2013 Mental Health Law.
The lawyer for patient, Xu Wei, 47, said he would appeal the ruling.
Xu sued the Shanghai Qingchun Mental Health Hospital and his elder brother, who is his legal guardian, accusing them of illegally restricting his personal freedoms.
“The result is what we expected,” said Yang Weihua, Xu’s lawyer. “The court ruled that Xu had been sent to the hospital for schizophrenia and there was no infringement of personal liberties. According to current regulations, Xu can be released from the hospital only with the consent of his brother.”
Yang said Xu’s biggest dream is to take his girlfriend, another patient in the hospital, to Guangdong Province and lead a quiet, peaceful new life there.
In 2003, Xu was sent to the hospital after injuring his father in a fight. His brother became legal guardian after his father later died.
Xu earlier spent 11 years in Australia, where he failed to gain immigrant status. He said he always suspected he was being followed while in Australia. Upon his return to China, he was diagnosed with paranoid schizophrenia and committed to the mental hospital.
Xu attempted to escape from the hospital with his girlfriend several years ago, but failed. Yang said the current guardian system proscribed under Civil Law conflicts with the Mental Health Law.
“It makes no sense to not allow a patient to leave just because he was committed against his will,” said Yang.
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