MENTAL HEALTH (AMENDMENT)
Ord. No. 46/88
A217
Provided that nothing in this subsection shall apply in the case of a person who is or was liable to detention under a hospital order which is not endorsed under section 45(1A), whether or not he was, prior to the event giving rise to the power to take him into custody under this section, in actual detention, absent on permission granted under section 39 or conditionally discharged from detention under that order.
(7) Where by virtue of this section a person is detained, taken into custody or returned to a mental hospital, such reasonable force may be used as is necessary for the purpose.".
15. Section 45 of the principal Ordinance is amended by inserting after Amendment of subsection (1) the following-
"(1A) Where under subsection (1) the court or magistrate by a hospital order authorizes the admission of a person to, and detention in, a mental hospital, and is of the opinion that in all the circumstances of the case the proviso to section 47(2) should not apply, the judge or magistrate may include a statement to that effect in the hospital order and, if he does so, that proviso shall not apply.".
16. Section 46 of the principal Ordinance is amended-
(a) in subsections (1) and (2) by inserting after "45(1)(b)" the
following--
“, 49(3)";
(b) in subsection (3) by inserting after “45(1)(b)” the following-
"or section 49(3)".
section 45.
Amendment of section 46.
17. Section 47 of the principal Ordinance is amended by deleting Amendment of subsection (2) and substituting the following-
"(2) A person who has been admitted to a mental hospital in pursuance of a hospital order shall be treated, for the purposes of Part III, as if he had been detained in a mental hospital in accordance with section 36:
Provided that, unless the hospital order has been endorsed under section 45(1A), the power to grant permission for leave of absence under section 39, to discharge under section 42A or to discharge conditionally under section 42B shall be exercisable only with the prior consent of the Governor.".
section 47.
18. Sections 49 and 50 of the principal Ordinance are repealed and Repeal and replaced by the following--
"Hospital order for continued detention of a prisoner in the
Correctional Services Department Psychiatric Centre.
replacement of sections 49
49. (1) Where any person who is serving a sentence of and 50. imprisonment for the commission of a criminal offence in pursuance of the sentence of any court exercising criminal jurisdiction or who is liable to detention under a hospital order authorizing his detention for a specified period is in the Correctional Services Department Psychiatric Centre and it appears to the Commissioner of Correctional Services that the person is mentally disordered and that it is necessary or desirable for the protection of other persons that such person