1968-HKRS29-8-35_Part01 — Page 6

Authenticated Laws 確真本香港法例 All

(C&A. 29%)

(Cap. 235)

charged before the court or magis- trate with an offence, including a person in respect of whom an information or charge for a.p indictable offence is being heard or has been heard by the magistrate in accordance with the provisions of Part II of the Magistrates Ordinance, may be or is alleged to be a mentally disordered person, the court or magistrate may remand such person--

(1) to a mental bospital; or (ii) to a prison; or

(ii) to a training centre estab- lished under section 3 of the Training Centres Ordinance in the case of a person not less than sixteen years of age but under twenty-one years of age; or

(iv) to a place of detention appointed under section 16 of the Juvenile Offenders Ordinance in the case of child or young person within the meaning of that Ordinance. for observation, investigation and treatment for any period not exceeding fourteen days and on the making of any such order shall adjourn the proceedings against such person for such period and may extend such period of fourteen days by further periods of seven days cach so that the total period of remand does not in any case exceed forty-two days.

(b) Without prejudice to the provisions of any other Ordinance, any person remanded under paragraph (a) to a prison, a training centre or a place of detention for observation, inves- tigation and treatment may be removed in the custody of an officer of the Prisons Department or a public officer appointed by the

(Cap. 236. Ak kg)

Director of Social Welfare in the case of a child or young person, from the prison, training centre or place of detention for the purpose of attending a Government psychia- tric clinic for observation, investiga- tion and treatment.

(c) The Training Centres Ordinance shall apply mutatis mutandis to any person remanded to a training centre under paragraph (a) for observation, investigation and treat- ment

(d) The Remand Home Rules shall apply to any child or young person remanded to a place of detention under paragraph (a) for observa- tion, investigation and treatment.”. (6) by inserting after subsection (1) the following new sub-

"(LA) (@) A court or magistrate may, in

section-

lieu of remanding a person under subsection (1), admit him to bail in accordance with the periods specified in subsection (1) on his procuring or producing such surety or surelies as the court or magis- trate thinks it.

(b) In the case of any person admitted to bail under paragraph (2) it shall be a condition of the recognizance...

that he shall undergo obser- vation, investigation and treatment by a medical officer at such mental hospital or Government psychiatric clinic as may be specified in the recognizance; or

(i) that he shall undergo obser- vation, investigation and treatment by a suitably qualified medical practitioner named in the recogni-

zance.

(c) In the case of any person admitted to bail under paragraph (2) it may be a condition of the recognizance

Comments

Approved members can add comments, bookmarks, and private notes.

No comments yet.

Private Research Note

Private notes are available after approval.