Discharge of patient on recovery.
Discharge of patient
before
recovery,
16
41. (1) A medical superintendent, as soon as is practicable after he becomes satisfied that a patient has sufficiently recovered to enable him to be discharged, shall inform the nearest relative of the patient, if known, the person who applied to have the patient admitted to the hospital, if practicable or the Director of Social Welfare that the patient has recovered and that if the patient is not removed from the mental hospital within three days, he may be discharged.
(2) If the patient is not removed within such period of three days, he may at any time thereafter be discharged.
(3) Nothing in this section shall prevent a medical superintendent from discharging a patient to the care and custody of any other person, whether the patient has recovered or not, if the medical superintendent considers it necessary so to do.
42, (1) Where on behalf of a patient including a voluntary patient a relative or friend of the patient makes application in writing in the prescribed form to the medical superintendent-
(u) stating the relationship or connexion of the applicant with the
patient:
(b) requesting that the patient may be delivered over to the
applicant; and
(c) undertaking that the patient will receive proper care and will be prevented from doing injury to himself or to others and, in the case of an application by a person other than the person on whose application the patient was admitted to a mental hospital, satisfies the medical superintendent that before he made the application he served on such person notice of his intention so to do.
17
43. Every person received into a mental bospital under any such Detention order as is required by this Ordinance accompanied, unless the order and be under section 26, by the requisite medical certificate may be detained recapture. therein until he be removed or discharged in accordance with the provisions of this Ordinance, and in case of escape may, by virtue of such order, be retaken within twenty-eight days of such escape by the medical superintendent, or any officer or servant of such hospital or any other person authorized by the medical superintendent or any police officer, and conveyed to and received and detained in such hospital.
44. (1) Where an alien or any person not domiciled in the Colony Removal of is detained as a mentally disordered person and it appears expedient patient from that be should be removed to the country of which he is a notional, the
the Colony. Colonial Secretary if satisfied that his removal is likely to be for his benefit, and that proper arrangements have been made for such removal and for his subsequent care and treatment, may, by warrant, direct the mentally disordered person to be delivered to the person named in the warrant for the purpose of removal to the country of which he is a national, and every such warrant shall be obeyed by the person or authority having the charge of the person named therein.
(2) A warrant under this section shall be sufficient authority for the master of any vessel or captain of any aircraft or the guard on any train to receive and detain the patient on board such vessel, aircraft or main for the purpose of conveying him to his destination.
(3) Any order of removal made under this section shall be addressed to the medical superintendent of the mental hospital in which the patient is at the time detained and shall direct him to deliver up the patient to the person mentioned in such order at such place and in such manner as may be specified in the said order for the purpose of
the medical superintendent shall within forty-eight hours of the receipt such removal as aforesaid: and the patient shall be delivered up of the application either-
(1) discharge the patient to the applicant notwithstanding that the
patient is still a mentally disordered person; or
(i) give to the applicant a certificate in the prescribed form stating
that he refuses to discharge the patient on the ground that—
(a) he is satisfied that the patient is dangerous or other- wise unfit to be at large: or
care.
(b) he is not satisfied that the patient will receive proper
(2) If an applicant is aggrieved by the refusal of a medical super- intendent to discharge a patient in accordance with this section he may appeal to a magistrate, upon notice to the medical superintendent. against such refusal and on any such appeal, the magistrate may order that the patient shall be discharged under such terms and conditions as the magistrate shall consider necessary.
accordingly.
(4) Any patient removed from the Colony in accordance with the provisions of this section shall not return to the Colony except by permission of the Colonial Secretary.
PART IV.
Admission of Patients concerned in Criminal Proceedings and Transfer
of Patients under Sentence.
45. (1) Where
(a) A person is-
Powers of Coon or magistrate
10 muke a
hospital
(1) convicted by the Supreme Court or a District Court of an offence other than an offence the sentence for which is order. fixed by law: