(Cap 136)
1968, c. 19. Sch. t.
(Cap. 136.3
(Cap. 136.)
(Cup. 186.)
26
2. A person who is admitted to a mental hospital in pursuance of an order under subsection (1) of section 76 shall be treated for the purposes of the Mental Health Ordinance as if he had been so admitted in pursuance of a bospital order made (on the date of the order under sub- section (1) of section 76) under section 45 of that Ordinance.
FIFTH SCHEDULE [44, 83D 4 83L)
CONSEQUENCES AND EFFECT OF ORDER FOR ADMISSION TO HOSPITAL UNDER SECTION B3D or B3L
1. (1) An order for admission to a mental hospital under section 83D or section 831 shall be sufficient authority for the Commissioner of Prisons or any other person directed to do so by the court to take the person to whom the order relates and convey him at any time within the relevant period to the mental hospital specified by the Governor.
(2) The relevant period for the purposes of this para- graph is-
(x) in relation to an order under section 83D or sub-
section (1) of section 83L, twenty-eight days;
(b) in relation to an order under subsection (2) of
section 83L, seven days,
the said period to begin in either case with the date on which the order was made.
() Where a person is admitted within the relevant period to the mental bospital specified by the Governor under section 83D or, as the case may be, section 83L, the order shall be sufficient authority for the medical superin- tendent to detain him in accordance with the provisions of the Mental Health Ordinance referred to in paragraphs 2 and 3, as those provisions apply by virtue of those para- graphs.
2. A person who is admitted to a mental hospital in pursuance of an order under section 83D or subsection (1) of section 831. shall be treated for the purposes of the Mental Health Ordinance as if he had been so admitted in pursuance of a hospital order made (on the date of the order made under section 83D or subsection (1) of section 830) under section 45 of the Mental Health Ordinance without any period of detention being specified in the order.
3. A person who is admitted to a mental hospital in pursuance of an order under subsection (2) of section $3L shall be treated for the purposes of Part II) of the Mental Health Ordinance as if be had been admitted (on the date of the order made under subsection (2) of section 83L) in pursuance of an application for detention and observation duly made under the said Part L.
1948. c. 19, Sch. 2 Kap. 4)
(Cap. 327.)
27
SIXTH SCHEDULE
[ 83F.]
PROCEDURAL AND OTHER Provisions APPLICABLE
ON ORDER for Retrial.
Depositions
1. On a retrial, section 39 of the Evidence Ordinance (admissibility in evidence in criminal proceedings of deposi tion of person dead, etc.) shall not apply to the depositions of any person who gave evidence at the original trial or to any Written statement by such a person tendered under acction 81A of the Magistrates Ordinance in the committa proceedings before the original trial; but a transcript of the record of the evidence given by any witness at the original trial may, with the leave of the judge be read as evidence-
(a) by agreement between the prosecution and the
defence; or
(b) if the judge is satisfied that the witness is dead or unfit to give evidence or to attend for that purpose. or that all reasonable efforts to find him or secure his attendance have been made without success, and in either case may be so read without further proof, in verified in accordance with rules and orders made under Section 9.
Sentence on conviction at retrial
2. (1) Where a person ordered to be retried is again convicted on retrial, the court before which he is convicted may pass in respect of the offence any sentence authorized by law.
(2) Without prejudice to its power to impose any other sentence, the court before which an offender is convicted on retrial may pass in respect of the offence any sentence passed in respect of that offence on the original conviction notwith- standing that, on the date of the conviction on retrial, the offender has ceased to be of an age at which such a sentence could otherwise be passed.
(3) Where the person convicted on retrial is sentenced to imprisonment or other detention, the sentence shall begin to run from the time when a like sentence passed at the original trial would have begun to run; but in computing the term of his sentence or the period for which he may be detained thereunder, as the case may be, there shall be diste- garded-
(a) any time before his conviction on retrial which would have been disregarded in computing that term or period if the sentence had been passed at the original trial and the original conviction had not been quashed; and
(5) any time during which he was at large after being admitted to bail under subsection (2) of section 83.F.
(4) Section 67A shall apply to any sentence imposed on conviction on retrial as if it had been impased on the original conviction.