Removal to a mentul hospital of other prisoners.
(Cap. 227).
(34 of 1998).
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ance with the provisions of section 36 except that, until the sentence of imprisonment which the patient was serving when he was so admitted has expired-
(a) the power to order the discharge of the patient under section
40 or 42 shall not be exercisable; and
(b) the power to grant permission for absence od trial under section 39 or to discharge under section 41 shall be exercisable only with the prior consent of the Goverior.
(4) If the Governor is satisfied from the report from a medical superintendent that a person, who was transferred to a mental hospital by a transfer order made under subsection (1) and whose sentence of imprisonment has not expired, no longer requires treatment for mental disorder the Governor may by order direct that the person be returned to the custody of the Commissioner of Prisons to serve the remainder of his sentence of imprisonment.
(5) In this section "sentence of imprisonment" includes any sentence or order for detention in a remand home, a reformatory school, a house of detention or a training centre.
53. (1) If the Governor is satisfied from the report of a medical officer that a person to whom this section applies is a mentally disordered person and that the nature or degree of the mental disorder from which he is suffering warrants hiş detention of the person in a mental hospital for medical treatment, the Governor may by transfer order direct that the person be removed to and detained in a mental hospital.
(2) This section shall apply to any person who is-
(a) committed in custody for trial in accordance with the provisions
of subsection (2) of section 84 of the Magistrates Ordinance; (6) remanded in custody in accordance with the provisions of section 87C of the Magistrates Ordinance, the magistrate bay- ing made an order of transfer in respect of such person in accordance with the provisions of section 87A of that Ordinance;
(c) remanded in custody by a court or magistrate;
(d) remanded in custody by the Supreme Court or by a District Court to await a judgment or sentence which has been respited;
(e) a civil prisoner, that is to say, a person committed by a court to prison for a limited term, including a person committed to prison in pursuance of a writ of attachment, not being a person falling to be dealt with under section 51; or
(f) an alien detained in a prison or other place in accordance with the provisions of section 13 of the Immigration (Control and Offences) Ordinance, 1958.
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(3) The provisions of subsections (2), (3) and (4) of section 52 shall apply for the purposes of this section and to any transfer made in accordance with the provisions of this section.
persona coM-
54. (1) A transfer order given in accordance with the provisions Further pro- of subsection (1) of section 53 shall cease to have effect when the case visions as to of the person named in the transfer order has been disposed of by the mined for court or magistrate to which he was committed or by which he was trial or remanded, as the case may be, but without prejudice to any power of sentence that court or magistrate to make a hospital order under this Part in remand. his case.
(2) Where a transfer order has been given in accordance with the provisions of subsection (1) of section 53-
(a) if the Governor is notified by a medical superintendent at any time before the person named in the transfer order is brought before the court or magistrate to which he was committed or by which he was remanded that the person no longer requires treatment for mental disorder, the Governor may by order direct that such person be remitted to any place where he might have been detained if he had not been removed to a mental bospital, there to be dealt with as if he had not been so removed, and on his arrival at the place to which he is so remitted the transfer order shall cease to have effect;
(b) if no order has been made in accordance with the provisions of paragraph (2) and if it appears to the Court or magistrate to which the person named in the transfer order was com- mitted or by which he was remanded that it is impracticable or inappropriate to bring that person before the court or magistrate and the conditions set out in subsection (3) are satisfied, the court or magistrate may make a hospital order in respect of such person in his absence and, in the case of a person committed for trial, without convicting him.
(3) A hospital order may be made in respect of a person in accordance with the provisions of paragraph (6) of subsection (2) if the court or magistrate is satisfied, on the written or oral evidence of two registered medical practitioners received in accordance with the provisions of section 46 that--
(a) such person is a mentally disordered person; and
(6) the nature or degree of the mental disorder from which the person is suffering warrants his detention in a mental hospital for medical treatment,
and the court or magistrate is of the opinion after considering any depositions or other documents required to be sent to the proper officer of the court, that it is proper to make a hospital order.
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