30
CAP. 136]
Mental Health
[1989 Ed.
(b) the Commissioner of Correctional Services to admit him to the Correctional Services Department Psychiatric Centre or the medical superintendent to admit him to the mental hospital and to detain him therein in accordance with the provisions of this Ordinance. (Amended 37 of 1973 s. 4)
(1A) A person who is admitted to the Correctional Services Department Psychiatric Centre in pursuance of a hospital order shall be treated, for the purposes of the Prisons Ordinance (Cap. 234), as if he had been lawfully confined in a prison in accordance with section 7 of that Ordinance except that during the period for which he is ordered to be detained in the Correctional Services Department Psychiatric Centre, or if no period is specified in the order, while the order is in force—
(a) the power of the Commissioner of Correctional Services to grant leave of absence under the Prisons Ordinance (Cap. 234) shall not be exercised; and
(b) the person shall not be discharged therefrom unless with the prior consent of the Governor. (Added 37 of 1973 s. 4)
(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. (Replaced 46 of 1988 s. 17)
(3) Where-
(a) a person is admitted to the Correctional Services Department Psychiatric Centre; or
(b) a patient is admitted to a mental hospital,
in pursuance of a hospital order, any previous order by which he was liable to be detained in a mental hospital shall cease to have effect. (Replaced 37 of 1973 s. 4)
[cf. 1959 c. 72 s. 63 U.K.]
48. Appeal against hospital order
Any person who is aggrieved by a hospital order made in respect of him or in respect of a child or young person of whom he is parent or guardian may appeal against the hospital order in the same manner as any other judgment or order of the court or magistrate and in any such appeal, the provisions of any other enactment relating to appeals against orders or judgments of the court or magistrate shall apply.
[cf. 1959 c. 72 s. 70 U.K.]