A226
Amendment of section 65.
Addition of
new section 65A.
Amendment of section 66.
Ord. No. 46/88
MENTAL HEALTH (AMENDMENT)
24. Section 65 of the principal Ordinance is amended—
(a) in subsection (1) by deleting "$1,000" and substituting th
following-
"$5,000";
(a) by deleting subsections (2) and (3) and substituting the following—
(Cap. 200.)
"(2) Without prejudice to section 125 of the Crimes Ordinance, any man who is an officer on the staff of, or is otherwise employed in-
(a) a mental hospital, and has unlawful sexual inter- course with a woman who is detained in that hospital;
(b) the Correctional Services Department Psychiatric Centre and has unlawful sexual intercourse with a woman who is detained in that Centre; or
(c) a mental hospital or general hospital, and has unlawful sexual intercourse with a woman who is receiving treatment for a mental disorder in the mental hospital or the psychiatric unit of the general hospital, where such intercourse takes place on the premises of the mental hospital or psychiatric unit or on premises of which the mental hospital or psychiatric unit forms part,
commits an offence and shall on conviction on indictment be liable to imprisonment for 5 years.
(3) Consent shall not be a defence in any proceedings for an offence under subsection (2) if the accused knew, or had reasonable grounds to suspect at the time when inter- course took place, that the woman with whom he had sexual intercourse was such a woman as is described in paragraph (a), (b) or (c) of that subsection.".
25. The principal Ordinance is amended by adding after section 65 the following-
"Sexual
65A. Any man who has unlawful sexual intercourse intercourse with with a woman who is received into guardianship pursuant to a woman under an application under section 33, being a woman-
guardianship.
(a) of whom he is the guardian; or
(b) who is otherwise in his custody or care under this
Ordinance,
commits an offence and shall on conviction on indictment be liable to imprisonment for 5 years.".
26. Section 66 of the principal Ordinance is amended by deleting the following-
(a) "a lunatic or to lunacy or to";
(b) "a mentally disordered person or to a patient within the meaning of this Ordinance or, as the case may be, to mental disorder, or to".