CAP. 136]
Mental Health
[1989 Ed.
31. Detention of a patient under observation
(1) An application may be made to a District Judge or magistrate for an order for the detention of a patient for observation on the grounds that the patient-
(a) is suffering from mental disorder of a nature or degree which warrants his detention in a mental hospital for observation (or for observation followed by medical treatment) for at least a limited period; and
(b) ought to be so detained in the interests of his own health or safety or with a view to the protection of other persons. (Replaced 46 of 1988 s. 5)
(1A) An application for an order for the detention of a patient for observation shall be founded on the written opinion in the prescribed form of a registered medical practitioner who has examined the patient within the previous 7 days, which opinion shall include-
(a) a statement that in the opinion of the practitioner the conditions set out in subsection (1) are satisfied;
(b) such particulars as may be prescribed of the grounds for that opinion so far as it relates to the conditions set out in subsection (1)(a); and
(c) a statement of the reasons for that opinion so far as it relates to the conditions set out in subsection (1)(b). (Added 46 of 1988 s. 5)
(1B) Upon receipt of an application under subsection (1) the District Judge or magistrate may make an order in the prescribed form authorizing the removal of the patient to a mental hospital for the purpose of detention and observation during the period not exceeding 7 days from and including the date of the order. (Added 46 of 1988 s. 5)
(2) Every such order shall have the effect of authorizing the applicant and every public officer with such assistance in each case as may be necessary, to use such reasonable force as may be necessary in order to remove to a mental hospital the patient and if for any reason it is not practicable forthwith to remove him to a mental hospital to detain him in a place of safety for a period not exceeding 48 hours. (Amended 46 of 1988 s. 5)
(3) Where the patient has requested to see the District Judge or magistrate before such Judge or magistrate determines whether or not to make an order under subsection (1B)-
(a) the District Judge or magistrate shall not make the order until he has seen the patient; and
(b) a certificate by the registered medical practitioner who furnished the opinion for the purposes of subsection (1A) as to whether or not the patient has made such a request shall be sufficient evidence of the fact thereof. (Replaced 46 of 1988 s. 5)