A222
Ord. No. 46/88
References to tribunals by Governor.
Duty to refer
cases to tribunal.
Powers of the tribunal.
MENTAL HEALTH (AMENDMENT)
(b) within 12 months of the determination of a previous
review unless it is for the purpose of reviewing an direction or decision of the medical superintendent under this Ordinance which could not have been considered at the previous review.
59C. (1) The Governor may, if he thinks fit, at any time refer to the tribunal the case of any person to whom section 59B(1) applies.
(2) For the purpose of furnishing information to the tribunal for the purposes of a reference under subsection (1), any registered medical practitioner authorized by or on behalf of the patient may, at any reasonable time, visit the patient and examine him in private and require the production of and inspect any records relating to the detention or treatment of the patient in any hospital and relevant to the reference.
59D. (1) Whenever a person (other than a voluntary patient) or his relative does not exercise his right to apply to the tribunal under section 59B(1) for a period of 12 months after the right first became available to him—
(a) the medical superintendent, if the patient is liable to
be detained in a mental hospital; or
(b) the Commissioner of Correctional Services, where the patient is liable to be detained in the Correc- tional Services Department Psychiatric Centre,
shall, at the expiration of the period for making the applica- tion, refer the patient's case to the tribunal.
(2) For the purpose of furnishing information to the tribunal for the purposes of any reference under this section, any registered medical practitioner authorized by or on behalf of the patient may, at any reasonable time, visit and examine the patient in private and require the production of and inspect any records relating to the detention or treatment of the patient in any hospital and relevant to the reference.
(3) For the purposes of subsection (1), a person who applies to the tribunal but subsequently withdraws his ap- plication shall be treated as not having exercised his right to apply, and where a person withdraws his application on a date after the expiration of the period mentioned in that subsection, the medical superintendent or as the case may be, the Commissioner for Correctional Services shall refer the patient's case as soon as possible after that date.
(4) A medical superintendent or the Commissioner of Correctional Services may, in the event of an application being made to the tribunal by any other person under section 59B(1), with the leave of the tribunal, discontinue any review proceedings brought under this section.
59E. (1) Where application is made to the tribunal under section 59B(1) or (2) or a case is referred to it under section 59C(1) or 59D(1), the tribunal may-
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