1972-HKRS28-16-20_Part02 — Page 31

Orders for admission to hospital.

1964. c. 34, 1. $.

Foverth Schedule.

(Cap. 280.)

Evidence by

prosecution

of insanity

or dimin.

ished responsi- bility.

1964, 5. 84, * 6.

(Cap. 399)

6

76, (D) Where---

(a) a special verdict that the accused person is not guilty by reason of insanity is returned, or

(b) a finding is recorded that the accused person

is under disability,

the court shall make an order that the accused person be admitted to such mental hospital as may be specified by the Governor.

(2) The provisions in that behalf of the Fourth Schedule shall have effect in relation to orders for admission to a mental hospital made under this sec- tion.

(3) Subject to the provisions of the Fourth Schedule, if while a person is detained in pursuance of an order under paragraph (b) of subsection (1) the Governor, after consultation with the medical super- intendent, is satisfied that the said person can properly be tried, the Governor may by order direct that such person be remitted to prison or to a training centre established under section 3 of the Training Centre Ordinance for trial at the court where but for the order he would have been tried; and on his arrival at the prison or training centre the order under paragraph (b) of subsection (1) shall cease to have effect.

76A. Where on a trial for murder the accused person contends-

(a)

that at the time of the alleged offence he was insane so as not to be responsible according to law for his actions; or

(b) that at that time be was suffering from such abnormality of mind as is specified in sub. section (1) of section 3 of the Homicide Ordinance (diminished responsibility).

the court shall allow the prosecution to adduce or elicit evidence tending to prove the other of those con- tentions, and may give directions as to the stage of the proceedings at which the prosecution may adduce such evidence.".

14. Section 78 of the principal Ordinance is amended by deleting, in subsection (3), "or a verdict of guilty but insane" and substituting the following—

"or a verdict of not guilty by reason of insanity".

15. Pan IV of the principal Ordinance is amended- (a) by deleting the heading; and

(b) by repealing sections 80 and 81 and their sub-headings

and replacing them with the following—

Meaning of sentence. 1968, 19. .. 33,

(55 of 1971.)

Power to reserve question of law for considera-

Son of Full Court.

"PART IV

APPEALS, QUESTIONS OF Law Reserved AND REVIEW

Interpretation

80. (1) In this Part-

"sentence", (save in sections 81A, 81B and BIC) in relation to an offence, includes any order made by a court in dealing with an offender, including a hospital order.

(2) Any power of the Full Court to pass a sentence includes a power to make a recommendation for deportation under section 21 of the Immigration Ordinance 1971.

Reservation of question of law

81. (3) The judge of the court of trial may reserve for the consideration of the Full Court any question of law which may arise on the trial of any indictment

(2) In exercising bis power under subsection (1), the judge may act either of his own motion or on the application of the Attorney General or the defence.

(3) A judge may, if he reserves a question of law under subsection (I) and the accused person has been convicted-

(a) postpone judgment until the question has

been considered and decided; and

(b) commit the person convicted to prison or

admit him to bail, with or without one or more sufficient sureties, and in such sum as he may think fit. conditioned to appear at such time or times as the judge may direct and receive judgment.

Amendment of section 78.

Amendment of Part IV.