Appeal against hospital
order.
Hospital Order Appest Tribunal.
Appeal
against con- tinuance of hospital
order.
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(3) Where a patient is admitted to a mental hospital in pursuance of a hospital order any previous order by which he was hable to be detained in a mental hospital shall cease to have affect.
48. Any person who is aggrieved by a hospital order made in respect of him or in respect of a child or young person of whom he is parent or guardian may appeal against the hospital order in the same manner as any other judgment or order of the court or magistrate and in any such appeal, the provisions of any other enactment relating to appeals against orders or judgments of the court or magistrate shall apply.
49. (1) For the purpose of considering petitions to the Governor in Council in accordance with the provisions of section 50, there shall be a tribunal to be known as the Hospital Order Appeal Tribunal which shall consist of a chairman and not more than five other members appointed by the Governor.
(2) Members of the tribunal shall hold office for three years from the dates of their respective appointment and may be reappointed or removed by the Governor 4 bis pleasure.
(2) There shall be a secretary to the tribunal who shall be appointed by the Governor.
(4) The tribunal may make standing orders for its procedure in the transection of its business and maintenance of good order at its meetings
Provided that a copy of each such standing order shall be furnished to the Colonial Secretary and shall be subject to disallowance of amendment at any time by the Governor.
(5) The quorum necessary for the transection of the business of the tribunal may be fixed by standing orders and, unless so fixed, three members shall form a quorum.
50. (1) Any person who is aggrieved by the continuance of t hospital order made against any person may appeal by petition to the Governor in Council against such continuance.
(2) Any petition lodged in accordance with the provisions of sub section (1) shall be forwarded to the tribunal for consideration befor being submitted to the Governor in Council.
(3) The tribunal shall consider any such petition and, after consideration, shall forward the petition with the finding of the tribunal to the Governor in Council
(4) For the purpose of considering any petition, the tribunal may receive and hear evidence on oath.
(5) When the Governor in Council receives a petition togeth with the finding thereon of the tribunal, the Governor in Council ow". reject the appeal or may allow the appeal upon such conditions as he shall consider necessary and may terminate the hospital order.
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51. (1) If a court or magistrate is of the opinion that any person Remand. who is charged before the court or magistrate with an offence, including a person in respect of whom an information or charge for un indictable offence is being heard or has been heard by the magistrate in accordance with the provisions of Part II of the Magistrates Ordinance, may be (Cap. 227). or is alleged to be à mentally disordered person, the court or magistrate may remand such person to a mental hospital for observation, investiga- tion and treatment for any period not exceeding fourteen days and on any such order shall adjourn the proceedings against such person for such period and may extend such period of fourteen days by further periods of seven days cach so that the total period of remand does not in any case exceed forty-two days.
(2) If the Commissioner of Prisons or the Director of Social Welfare has reason to believe that any person who is in his custody by reason of an order made by a magistrate in accordance with the provi- sions of subsection (3) of section 84 of the Magistrates Ordinance, is a mentally disordered person, he may make application to a magistrate to have the person remanded to a mental hospital and on any such application the magistrate may remand such person to a mental hospital for observation, investigation and treatment for any period not exceeding fourteen days and for further periods of not more than seven days cach so that the total period of such remand shall not exceed forty-two days and on such order, the person shall stand committed for trial at the Criminal Sessions of the Supreme Court for the next month after the expiry of such period or extension thereof.
(3) Any order made in accordance with the provisions of sub- section (1) or subsection (2) may be made in the absence of the person if the court or magistrate is satisfied on such evidence as shall be placed before him that no useful purpose might be served by the personal appearance before the court or magistrate of such person.
Removal to a menial hospital of a person
52. (1) If the Governor is satisfied from the report of a medical officer that a person who is serving a sentence of imprisonment is a mentally disordered person and that the nature or degree of the mental disorder from which he is suffering warrants his detention in a mental serving hospital for treatment, the Governor may, by transfer order, direct that sentence of
imprison- the person be removed to and detained in such mental hospital as is ment specified in the order.
(2) A transfer order shall cease to have effect at the expiration of a period of fourteen days from the date on which it was made unless within that period the person with respect to whom it was made has been received in the mental hospital specified in the transfer order.
(3) A person who is admitted to a mental hospital in pursuance of a transfer order shall be treated for the purposes of Part III of this Ordinance as if he had been admitted to the mental hospital in accord-