34
CAP. 136]
Mental Health
[1989 Ed.
I
(2) A transfer order shall cease to have effect at the expiration of a period of 14 days from the date on which it was made unless within that period the person with respect to whom it was made has been received in the mental hospital specified in the transfer order.
(3) A person who is admitted to a mental hospital in pursuance of a transfer order shall be treated for the purposes of Part III as if he had been detained in a mental hospital under section 36 except that
(a) the power of the medical superintendent to permit absence on
trial under section 39 shall not be exercised; and
(b) the person shall not be discharged therefrom except with the consent of the Governor.
(Replaced 46 of 1988 s. 20)
(4) If the Governor is satisfied from the report from a medical superintendent that a person, who was transferred to a mental hospital by a transfer order made under subsection (1) and whose sentence of imprisonment has not expired, no longer requires treatment for mental disorder the Governor may by order direct that the person be returned to the custody of the Commissioner of Correctional Services or the Director of Social Welfare, as the case may be, to serve the remainder of his sentence of imprisonment. (Amended 40 of 1962 s. 3)
(5) In this section "sentence of imprisonment" includes any sentence or order for detention in a remand home, a reformatory school, a house of detention, a detention centre, a training centre or an addiction treatment centre. (Amended 42 of 1968 s. 12; 12 of 1972 s. 13)
52A. Removal to a Correctional Services Department Psychiatric Centre of persons detained in a mental hospital
[cf. 1959 c. 72 s. 72 U.K.]
(1) The Governor may, after consultation with the Commissioner of Correctional Services and a medical superintendent, by order direct that a person detained in a mental hospital in pursuance of an order made under this Part or under the Criminal Procedure Ordinance (Cap. 221), be removed to and detained in the Correctional Services Department Psychiatric Centre.
(2) An order under subsection (1) shall be sufficient authority for the Commissioner of Correctional Services to admit the person removed from the mental hospital to the Correctional Services Department Psychiatric Centre and to detain him therein for the period specified in the order authorizing his detention in the mental hospital, or if no such period is specified, while that order is in force.
(3) A person who is removed to and detained in the Correctional Services Department Psychiatric Centre in pursuance of an order under subsection (1) shall be treated, for the purposes of the Prisons Ordinance (Cap. 234), as if he
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