TNAG-1829-FCO40-2597-Hong-Kong-Interpretation-and-General-Clauses-(Amendment)-Ord-1988 — Page 27

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MENTAL HEALTH (AMENDMENT)

Ord. No. 46/88

19. Section 51 of the principal Ordinance is amended— (a) in subsection (1)(a) by inserting after "Magistrates Ordinance,"

the following-

"or who has been convicted but not sentenced of an offence being, in the case of a conviction by a magistrate, an offence punishable on summary conviction by imprisonment or an indictable offence of which the magistrate has convicted the accused summarily,'

(b) by deleting subsection (3);

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(c) in subsection (4) by deleting ", (2) or (3)" and substituting the

following-

"or (2)".

A219

Amendment of section 51.

20. Section 52 of the principal Ordinance is amended by deleting Amendment of subsection (3) and substituting the following

"(3) A person who is admitted to a mental hospital in pursuance of a transfer order shall be treated for the purposes of Part III as if he had been detained in a mental hospital under section 36 except that—~

(a) the power of the medical superintendent to permit absence on

trial under section 39 shall not be exercised; and

(b) the person shall not be discharged therefrom except with the

consent of the Governor.".

section 52.

21. The principal Ordinance is amended by adding after section 52A Addition of the following-

"Removal to a

mental hospital of persons detained in the Correctional

Services

Department Psychiatric Centre.

(Cap. 221.)

52B. (1) The Governor may, after consultation with a medical superintendent and the Commissioner of Correc- tional Services, by order direct that a person detained in the Correctional Services Department Psychiatric Centre in pur- suance of an order made under this Part or under the Criminal Procedure Ordinance, be removed to and detained in a mental hospital.

(2) An order under subsection (1) shall be sufficient authority for the medical superintendent to admit the person removed from the Correctional Services Department Psy- chiatric Centre to a mental hospital and to detain him therein for the period specified in the order authorizing his detention in the Correctional Services Department Psychiatric Centre, or if no such period is specified, while that order is in force.

(3) A person who is removed to and detained in a mental hospital in pursuance of an order under subsection (1) shall be treated as being detained there in accordance with section 36 except that during the period within which he is liable to be detained-

(a) the power of the medical superintendent to permit absence on trial under section 39 shall not be exercised; and

(b) the person shall not be discharged therefrom except

with the consent of the Governor.".

new section 52B.