1973-HKRS28-16-21_Part03 — Page 41

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Amendment of Section 45,

3.

Amendment of section 47.

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Section 45 of the principal Ordinance is amended—

(a) in subsection (1)—–

(i) in paragraph (6), by inserting after "detention in" the following—

"the Prisons Department Psychiatric Centre or"; and (ii) by deleting "such mental hospital as is specified in the order" and substituting the following-

"the Prisons Department Psychiatric Centre or a mental hospital specified in the order or, if the person is under fourteen years of age, in a mental hospital specified in the order"; and

th) in subsection (2) by inserting after "person to" the

following-

"the Prisons Department Psychiatic Centre or",

4. Section 47 of the principal Ordinance is amended-

(2) in subsection (1)––––

() in paragraph (a), by inserting after "order to" the following-

n

"the Prisons Department Psychiatric Centre or", (ii) in paragraph (5), by inserting before "the medical superintendent" the following-

"the Commissioner of Prisons to admit him to the Prisons Department Psychiatric Centre or":

(b) by inserting after subsection (1) the following new

subsection...

(Cxp. 3343)

*(LA) A person who is admitted to the Prisons Department Psychiatric Centre in pursuance of a hospital order shall be treated, for the purposes of the Prisons Ordinance, as if he had been lawfully confined in a prison in accordancs with section 7 of that Ordinance except that during the period for which he is ordered to be detained in the Prisons Department Psychiatric Centre, or if no period is specified in the order, while the order is in force-

(a) the power of the Commissioner of Prisons to grant leave of absence under the Prisons Ordinance shall not be exercised; and

(b) the person shall not be discharged there- from unless with the prior consent of the Governor."; and

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(c) by deleting subsection (3) and substituting the following--

"(3) Where---

5.

(a) a person is admitted to the Prisons Depart-

ment Psychiatric Centre; or

(6) a patient is admitted to a mental hospital,

in pursuance of a hospital order, any previous order by which he was liable to be detained in a mental hospital shall cease to have effect.",

The principal Ordinance is amended by adding after sec- Tion 52 the following new section-

"Removal Loa Prisons Department Psychiatric Centre of persons detained

in a mental hospital.

(Cap. 121)

(0*p. 144)

524. (1) The Governor may, after consultation with the Commissioner of Prisons and a medical super- intendent, by order direct that a person detained in a mental hospital in pursuance of an order made under this Part or under the Criminal Procedure Ordinance, be removed to and detained in the Prisons Department Psychiatric Centre.

(2) An order under subsection (1) shall be suffi- cient authority for the Commissioner of Prisons to admit the person removed from the mental hospital to the Prisons Department Psychiatric Centre and to detain him therein for the period specified in the order authorizing his detention in the mental hospital, or if no such period is specified, while that order is in force.

(3) A person who is removed to and detained in the Prisons Department Psychiatric Centre in pur- suance of an order under subsection (1) shall be treated, for the purposes of the Prisons Ordinance, as if he had been lawfully confined in a prison in accordance with section 7 of that Ordinance except that during the period within which he is liable to be detained-

(a) the power of the Commissioner of Prisons to grant leave of absence under the Prisons Ordinance shall not be exercised; and

(b) the person shall not be discharged there- from unless with the prior consent of the Governor.",

Addition of section $2A.