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Ord. No. 46/88
Period of detention under this Part.
MENTAL HEALTH (AMENDMENT)
should not be discharged from the Correctional Services Department Psychiatric Centre upon the completion of th period of his sentence or, as the case may be, period specified in the hospital order, the Commissioner may inform the Director of Medical and Health Services of this.
(2) Upon receipt of the report of the Commissioner of Correctional Services under subsection (1) the Director of Medical and Health Services may apply to the Court for a hospital order to authorize the continued detention of that person in the Correctional Services Department Psychiatric Centre.
(3) Upon an application under subsection (2) the Court may, if it is satisfied on the written or oral evidence of 2 registered medical practitioners received in accordance with section 46 that-
(a) such person is a mentally disordered person;
(b) the nature or degree of the mental disorder from which that person is suffering warrants his detention in the Correctional Services Department Psychiatric Centre; and
(c) such detention is necessary or desirable for the
protection of other persons,
make a hospital order authorizing the continued detention of that person in the Correctional Services Department Psy- chiatric Centre after the expiration of the period of his sentence or, as the case may be, period specified in the hospital order on such terms as may appear to the Court as appropriate to the circumstances of the case.
(4) Any person who is detained on the authority of a hospital order under this section shall subject to the terms of the order be deemed for the purposes of this Ordinance to have been detained in pursuance of an order under section 45 which is not an order specifying his detention for a specified period and is not endorsed under section 45(1A).
50. Subject to section 49, no person shall be detained— (a) in pursuance of a hospital order, being an order authorizing his detention for a specified period, after the expiration of that period; or
(b) if he is serving a sentence of imprisonment in pur- suance of the order of any court, in a mental hospital or the Correctional Services Department Psychiatric Centre after the expiration of the sen- tence of imprisonment,
unless he is detained under Part III otherwise than as applied by this Part.".
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