THE HONG KONG GOVERNMENT GAZETTE, MAY 15, 1936.
unsound
15. (1) If under section 74 or 75 of the Criminal Prisoners of Procedure Ordinance, 1899, a person has been found by a mind. jury to be insane, and the Supreme Court orders him to be Ordinance detained in safe custody until His Majesty's pleasure shall No. 9 of be known, the Governor shall by warrant under his hand 1899. declare His Majesty's pleasure and may by such warrant direct that such person be removed to an asylum and there detained in accordance with the terms of the warrant.
(2) If any person who has been imprisoned under any sentence of imprisonment, or who is otherwise lawfully de- tained in any prison or house of detention, is, in the opinion of the Medical Officer of the prison or house of detention, as the case may be, in which such person is confined, of unsound mind, the Governor may by warrant under his hand order such person to be removed to an asylum and to be detained there until the expiration of his sentence or period of detention or until further order: Provided that an order under this sub-section relating to any prisoner on remand or committed for trial or to any person admitted to the house of detention as a vagrant shall only be made in cases of extreme urgency and on medical grounds.
(3) If any person who has been removed to an asylum under the provisions of sub-section (2) shall, in the opinion of the medical practitioner in charge of the asylum, become of sound mind before the expiration of his sentence or period of detention, the Governor may by warrant under his hand direct such person to be removed to a prison and to be The detained there until the expiration of his sentence. period of detention in the asylum shall be reckoned as part of the sentence.
(4) If any person who has been removed to an asylum under the provisions of sub-section (2) is certified by two medical practitioners to be still of unsound mind at the ex- piration of his sentence or period of detention, such person. shall be detained in an asylum until released by the Governor or discharged upon the authority of the medical practitioner in charge of such asylum or until he be otherwise released in due course of law. Every such certificate shall be in the pre- scribed form.
Detention
16. If at the expiration of the sentence of any prisoner of prisoners detained in an asylum under section 15 he is still of unsound after mind, such prisoner may on the written order of a magis- expiration of trate be detained in such asylum until discharged by order of the Governor or otherwise released in due course of law.
the
sentence.
Asylums Ordinance
Repeal of
17. The Asylums Ordinance, 1906, Amendment Ordinance, 1927, and the Asylums Amendment No. 5 of Ordinance, 1935, are repealed.
Passed the Legislative Council of Hong Kong, this, 13th day of May, 1936.
D. M. MACDOUGALL,
1906, No. 11 of 1927 and No. 1 of
1935.
575
Deputy Clerk of Councils.
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