1955-HKRS28-8-22_Part03 — Page 48

Repeal and

Procelu re when maximum has been prescribed, and reached.

3.

108. (1) When order under section IOA prescribing a maximum is in force, and such maximum has been reached, the following further provisions shall apply-

(a) the two medical practitioners who have signed the certificate referred to in section to shall further endorse thereon in the prescribed form their opinion as to whether or not the person mentioned therein is so far deranged in mind as to render it essential that he should be detained in a mental hospital notwith- standing that such maximum has been reached;

(b) upon receipt of the certificate so endorsed, a magistrate shall, within 72 hours of its receipt. countersign such certificate if he is satisfied with the opinion of the medical practitioners as endorsed on the certificate or upon such evidence as he may consider necessary, that it is essential that such person should be detained, and he shall forthwith return the countersigned certificate to the medical practi- tioner in charge of the mental hospital in which such person is detained;

(c) if he does not so countersign such certificate within the prescribed time, he shall forthwith cause notice of such fact to be sent to the medical practitioner aforesaid, and such per- son shall be discharged within 72 hours of the receipt of such notice.

(2) Notwithstanding the provisions of sections 7 and I, detention of a person in pursuance of the provisions of subsection (1) shall be deemed to be lawful detention.".

Section 13 of the principal Ordinance is repealed and

replacement replaced by the following-

of section

13.

**Tam- porary absence from hospital.

13. Notwithstanding the provisions of sections 7. 8, 10, 11 and 12, a medical practitioner in charge of a mental hospital may, in his absolute discretion and

3

on his own authority, permit a person detained therein under the provisions of this Ordinance other than a person detained in pursuance of section 16 to be absent on trial and, for this purpose, deliver him, upon such conditions as he may see fit to prescribe with regard to re-examination and re-admission which may be enforced in manner provided by subsection (2) of section 7, to the care of any party or parties to whom it is expedient to deliver such person."

4. Section 15 of the principal Ordinance is repealed and Repeal and replaced by the following-

"Pratec- tion of persona

carrying out the provisions of this

15. (1) Where a person has made application for the removal or detention of any person under the provisions of this Ordinance, or signed or carried out, or done any act with a view to signing or carrying out, an order purporting to be an order for removal or Ordinance. detention, or any report, application, recommendation, or certificate purporting to be a report, application, recommendation, or certificate under this Ordinance, or has done anything or given any advice in a pro- fessional capacity in pursuance of this Ordinance, he shall not be liable to any civil or criminal proceedings whether on the ground of want of jurisdiction 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 sub- stantial 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) Notice 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 pro- ceedings are commenced within four weeks after the

replacement of section 15.