Addition of section 34A,
Consequential
amendments
to the Criminal
Procedure
Ordinance.
(Cap. 221)
6. The principal Ordinance is amended by adding after section 54 the following new section--
**Hospital order in respect of регатия uwaiting trial Of sentencc.
7.
54A. If it appears to the court or magistrate having jurisdiction to try or otherwise deal with a person specified in paragraph (a), (b), (c) or (d) of section 53(2) that-
(a) the conditions set out in section 54(3) are
satisfied; and
(5) it is impracticable or inappropriate to bring that person before the court or magistrate, the court or magistrate may, by a hospital order made in respect of that person in his absence and. if he is a person awaiting trial, without convicting him, authorize his admission to and detention in the Prisons Department Psychiatric Centre.”.
The Criminal Procedure Ordinance is amended- (a) in section 2
(Ca. 234.)
Fourth
(i) in the definition of "hospital order", by deleting *for 54” and substituting the following—
* 54 or 54A"; and
攀
(ii) by inserting after the definition of "mental hospital" the following new definition-
"Prisons Department Psychiatric Centre" means the
Prisons Department Psychiatric Centre set apart as a prison under section 3 of the Prisons Ordinance:":
(b) in section 76 –
Schedule.
(i) in subsection (1), by inserting after "admitted to" the following-
"the Prisons Department Psychiatric Centre or"; and (ii) in subsection (2), by inserting after "admission to" the following---
"The Prisons Department Psychiatric Centre or"; and (iii) in subsection (3), by inserting after "detained" the following—
"in a mental hospital"; and
(iv) by inserting after subsection (3) the following new subsection-
"(4) Subject to the provisions of the Fourth Schedule, if the Governor, after consultation with
5
the Commissioner of Prisons. is satisfied that a person detained in the Prisons Department Psychi- atric Centre in pursuance of an order under sub. section (1)(b) can properly be tried-
(a) the Governor may by order direct that such person be detained in the custody of the Commissioner of Prisons for trial at the court where but for the order under subsection (1)(6) he would have to be tried; and
(b) the order under subsection (1)(b) shall cease to have effect if the Governor makes an order under paragraph (4).";
(c) in section 83D-
(i) in subsection (1), by inserting after “admitted to" the following-
"The Prisons Department Psychiatric Centre or"; and (ii) in subsection (3), by inserting after “admission to" the following-
"the Prisons Department Psychiatric Centre or”;
(d) in section 83L-
() in subsection (1). by inserting after "admilled to" the following-
"the Prisons Department Psychiatric Centre or"; and (ii) in subsection (4), by inserting after “admission to" the following —
"the Prisons Department Psychiatric Centre or":
(e) in the Fourth Schedule-
(i) by deleting paragraph 1(1) and substituting the following-
*L. (1) An order for admission to the Prisons Department Psychiatric Centre or to a mental hos- pital under section 76(1) shall be sufficient authority for...
(a) in the case of admission to the Prisons Department Psychiatric Centre, the Com- missioner of Prisons; or
(6) in the case of admission to a mental hos- pital, any person acting under the authority of the Governor,