9.
43
Section 8 of this Ordinance repeals section 15 of tha
principal Ordinance and substitutes a new section therefor.
The section in question deals with the treatment of prisoners
of unsound mind.
The language of sub-section (1), which deals with persons
ordered to be detained until His Kājesty's pleasure shall be
known, is assimilated to that of section 76 of the Criminal
Procedure Ordinance, 1899, Ozdinance No.9 of 1899.
Sub-section (2) deals with prisoners who are discovered
during the imprisonment to be of unsound mind. The corrAS-
ponding passage in section 15 of the principal Ordinance deals
only with prisoners who become of unscund mind during their
imprisonment.
Sub-section (3) is similar in terms to part of the repealed
section and deals with the case where a person of unscuni mind
becomes sane during the term of the sentence.
Sub-section (4) deals with the case where the person con-
finel is still of unsound mind at the expiration of his aent-
This was not dealt with in the principal Ordinance.
ence.
If two medical practitioners certify in the prescribed form
that the person in question is still of unsound mind at the
expiration of his sentence he will be detained in an asylum
until he is released by the order of the Governor or discharged
by the medical practitioner in charge of the asylum, or other-
wise released in due course of law.
10.
Section 9 of this Ordinance repeals the Schedule to the
principal Ordinance because, as stated above, the forms will in
future be prescribed by Order in Council.
11. Section 10, postpones the commencement of the Ordinance in order to allow time for forms to be prescribed and printed.
12.
In my opinion this is an Ordinance
to which His Excellency
the Governor may properly assent in the name of His Majesty and
on is behalf.
Mieux
Attorney
General.