1989 Ed.]
Mental Health
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satisfied that there is substantial ground for the contention that the person, against whom it is sought to bring the proceedings, has acted in bad faith or without reasonable care.
(3) Notice of any application under subsection (2) shall be given to the person against whom it is sought to bring the proceedings, and that person shall be entitled to be heard against the application.
70. Penalty for improper reception or detention
(1) Subject to the provisions of section 69 any person who-
(a) otherwise than in accordance with the provisions of this Ordinance receives or detains in a mental hospital a person who is or is alleged to be a mentally disordered person; or
(b) for gain detains in any place not being a mental hospital 2 or more mentally disordered persons,
shall be guilty of an offence and shall be liable on summary conviction to a fine of $20,000 and to imprisonment for 2 years. (Amended 46 of 1988 s. 28)
(2) No prosecution under this section shall be instituted except by or with the consent of the Attorney General.
(3) Nothing in this section shall prevent any general hospital or nursing home which has been recognized as such by the Director of Hospital Services from receiving and treating any person who is in need of and is desirous of receiving psychiatric treatment. (Amended L.N. 76 of 1989)
71. Powers of a District Judge and a magistrate
For the purpose of the exercise of the power conferred by section 31 a District Judge and a magistrate may exercise the powers conferred on a magistrate by the Magistrates Ordinance (Cap. 227) of requiring the attendance before him of any person who may be able to assist him in the exercise of such power and of receiving on oath the evidence of any person.
(Added 50 of 1969 s. 4. Amended 46 of 1988 s. 29)
71A. Warrant to search for and remove patients
(1) If it appears to a magistrate on information on oath laid by any person who is authorized under this Ordinance to take a patient to any place, or to take into custody or retake a patient who is liable under this Ordinance to be so taken or retaken-
(a) that there is reasonable cause to believe that the patient is to be found on any premises; and
(b) that admission to the premises has been refused or that a refusal of such admission is apprehended,
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