Application
of properly
of a mentally disordered
26
60. Any movable property which may be in the possession of a mentally disordered person found wandering at large may be sold by order of magistrate, and the proceeds thereof, or such part of the person found same as may be necessary, applied towards the payment of the charge of the lodging and maintenance of such person and of any other expenses incurred on his behalf.
wandering.
Enforcement
of cost of maintenuecs.
(Cap. 121),
Saving
Offences
patients.
61, (I) The Court, on the application of the Attorney General and on being satisfied that a patient including a person who has been received into a mental hospital in accordance with the provisions of section 78 of the Criminal Procedure Ordinance has property which may be applied towards his maintenance or that any person is legally bound to maintain the patient and has sufficient means to enable him to do so, may make an order for the recovery of the cost of the main- tenance of the patient, together with the costs of the application, ou of the property of the patient or from such person.
(2) Any order made in accordance with the provisions of sub- section (1) shall be of the same force and effect and subject to the same appeal as a judgment or order made by the Court in any proceed. ings in respect of the property or of the person therein mentioned.
62. Nothing in this Ordinance shall effect or take away from the lability of any person to maintain a mentally disordered person.
63. (1) Any attendant, nurse, servant or other person employed in a mental hospital who ill-treats or wilfully neglects any patient shall be guilty of an offence and on summary conviction shall be liable to a fine of one thousand dollars and imprisonment for two years.
(2) Any person who bas unlawful sexual intercourse or attempts to have unlawful sexual intercourse with any female mentally disordered person under care or treatment in a mental hospital, while in such hospital or on leave from such hospital shall be guilty of an offesc and on summary conviction shall be liable to a fine of five thousand dollars and to imprisonment for three years.
(3) Consent shall not be any defence in any proceedings for al offence under subsection (2) if the accused knew or bad reason 14 suspect that the person in respect of whom the offence was committed was a mentally disordered person under care or treatment in a mental hospital or on leave from such hospital.
(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 shal acquit him of rape and shall find him guilty of an offence unde! subsection (2).
27
64. Whenever in any written law or other document whatsoever Construction any reference to a lunatic or to lunacy or to a lunatic asylum or asylum of laws. or mental hospital is contained, that reference shall be read as a refer- ence to a mentally disordered person or to a patient within the meaning of this Ordinance or, as the case may be, to mental disorder, or to a mental hospital.
or certif.
65. Every order or certificate of a medical officer or a registered Medical medical practitioner shall be evidence of the facts therein appearing orders and of the judgment therein stated to have been formed by the person cues. certifying on such facts, as if the matters therein appearing had been verified on oath,
66. The Court making an order under section 26 or a magistrate Copy of or a justice of the peace making an order under section 31 shall reception forthwith send a certified copy of the order to the rucdical superin- sent to the order to be tendent of the mental hospital into which any person is ordered to be person in received.
charge of the mental hospital.
persons
carrying out
67. (1) Where a person has made application for the removal or Protection detention of any person under the provisions of this Ordinance, or of signed or carried out, or done any act with a view to signing or carry the provisions ing out, an order purporting to be an order for removal or detention, of this or any report, application, recommendation, or certificate purporting Ordinance, to be a report, application, recommendation, or certificate under this Ordinance, or has done anything or given any advice in a professional apacity in pursuance of this Ordinance, he shall not be liable to any civil or criminal proceedings whether on the ground of want of jurisdic- lion or on any other ground unless he has acted in bad faith or without reasonable care.
(2) No proceedings, civil or criminal, shall be brought against any person in any Court in respect of any such matter as is mentioned in subsection (1), without the leave of the Court, and leave shall not be given unless the Court is 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) Norice 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.
(4) Where on an application under this section leave is given to bring any proceedings and the proceedings are commenced within four weeks after the date on which leave was so given, the proceedings shall for the purposes of subsection (1) of section 17 of the Law Amendment Miscellaneous Provisions) Ordinance, be deemed to have been com- (Cap. 23). menced on the date on which notice of the application was given to the person against whom the proceedings are to be brought.