1989 Ed.]
Mental Health
[CAP. 136
47
(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. (Replaced 46 of 1988 s. 24)
(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 intercourse 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. (Replaced 46 of 1988 s. 24)
(4) If on the trial of any person for rape the Court or jury is satisfied that the accused is guilty of an offence under subsection (2) but are not satisfied that he is guilty of rape, the Court or jury shall acquit him of rape and shall find him guilty of an offence under subsection (2).
65A. Sexual intercourse with a woman under guardianship
Any man who has unlawful sexual intercourse with a woman who is received into guardianship pursuant to an application under section 33, being a woman-
(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.
(Added 46 of 1988 s. 25)
66. Construction of laws
Whenever in any written law or other document whatsoever any reference to a lunatic asylum or asylum or mental hospital is contained, that reference shall be read as a reference to a mental hospital.
(Amended 46 of 1988 s. 26)
67. Medical orders or certificates
Every order or certificate of a medical officer or a registered medical practitioner shall be evidence of the facts therein appearing and of the judgment