1960-HKRS29-8-27_Part04 — Page 31

Penalty for improper reception or detention.

Powers of a Idagistrale

and a joalice of the peace. (Cap. 227),

Pawer of

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68. (1) Subject to the provisions of section 67 any person who- (a) otherwise than in accordance with the provisions of this Ordin- ance receives or detains in a mental hospital a person who is or is alleged to be a mentally disordered person; or (b) for gain detains in any place not being a mental hospital two

or more mentally disordered persons. shall be guilty of an offence and on summary conviction shall be liable to a fine of one thousand dollars and to imprisonment for two years.

(2) No prosecution under this section shall be instituted except by or with the consent of the Attorney General.

(3) Nothing in this section shall prevent any general hospital or oursing home which has been recognized as such by the Director of Medical and Health Services from receiving and treating any person who is in need of and is desirous of receiving psychiatric treatment.

60. For the purpose of the exercise of the powers conferred by sections 31, 32, 36, 37 and 42 a magistrate and a justice of the peace may exercise the powers conferred on a magistrate by the Magistrates Ordinance of requiring the attendance before him of any person who may be able to assist him in the exercise of such power and of receiving on cath the evidence of any person.

70. (1) The Governor in Council may by regulation prescribe or

Governor in provide for-

Council to

make regu-

lations.

(a) the powers and duties of medical superintendents and other

persons employed in mental hospitals;

(b) the forms required for the carrying out of the provisions of this Ordinance and of any regulations made under this section; (c) the books and records to be kept in mental hospitals: (d) the conditions and circumstances under which mechanical

means of restraint or seclusion may be applied to patient: (e) any fees to be charged under this Ordinance or such regula-

tions:

(f) the amounts which may be charged for the maintenance of

patients; and

(g) generally carrying into effect the provisions of this Ordinance.

(2) Such regulations may provide that the contravention of any regulation shall constitute an offence and may prescribe penalties for any offence not exceeding a fine of one thousand dollars and imprison ment for six months.

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71. (1) The Mental Hospitals Ordinance is repealed. (2) The Prisons Ordinance, 1954, is amended by the repeal of amendmemes. section 13.

(Cap. 136). (17 of 1954). (17 of 1954, Schedule).

Repeal and consequential

(3) The Prison Rules, 1954, are amended by the revocation of rule 208.

Passed the Legislative Council of Hong Kong, this 7th day of September. 1960.

Sagoma

Deputy Clerk of Councils.

(Secretariat GR11/3231/52)