230766-1936-Supplementary-Draft-Bill--Asylums — Page 3

Extension

of period of detention for observation.

Removal of patient in hospital to asylum.

Medical practitioners may deliver persons of unsound mind to

persons for custody.

Appeal.

Limitation of action.

Prisoners of unsound

mind.

Ordinance No. 9 of 1899.

412

10. If while a person is lawfully under detention in an asylum for the purpose of observation, two medical prac- titioners certify in the prescribed form that it is necessary to detain such person in the asylum for a further period for the purpose of observation, and if such certificate is counter- signed by a magistrate or justice of the peace, it shall be lawful to detain such person in the asylum for the purpose of observation for the further period specified in such certi- ficate Provided that no such extension shall be for a longer period than seven days and that not more than two such extensions shall be lawful: Provided also that if before the end of any such extension two medical practitioners shall be of opinion that the person in question is of unsound mind, the procedure laid down in section 9 shall be followed as if the said medical practitioners had formed such opinion during the initial period of detention.

11. (1) If in the opinion of the senior medical officer for the time being present in, and on the staff of, any hospital, any patient in such hospital shows symptoms of suffering from delirium tremens, it shall be lawful for such medical officer, if he considers it desirable, to order such patient to be removed to an asylum, for the purpose of de- tention and observation during a period of seven days from and including the date of the order.

(2) This section shall only apply where the medical officer in question is or is deemed to be a registered medical practitioner.

(3) Any order for the removal of such a patient shall be in the prescribed form.

12. Nothing in this Ordinance shall prevent a medical practitioner in charge of an asylum from delivering any person detained therein under the provisions of this Ördin- ance to the care of any party or parties to whom in his opinion it is expedient to deliver such person.

13. Every order of a magistrate made under sections 9, 10 or 16 shall be subject to an appeal by or on behalf of the person ordered to be detained thereunder to a judge sitting in court or in chambers.

14. No action shall be brought against any medical practitioner or officer of police or against any person whom- soever for anything done in good faith and with reasonable cause in pursuance of the powers conferred by this Ordin-

ance.

15. (1) If under section 74 or 75 of the Criminal Procedure Ordinance, 1899, a person has been found by a jury to be insane, and the Supreme Court orders him to be detained in safe custody until His Majesty's pleasure shall be known, the Governor shall by warrant under his hand declare His Majesty's pleasure and may by such warrant direct that such person be removed to an asylum and there detained in accordance with the terms of the warrant.

(2) If any person who has been imprisoned under any sentence of imprisonment, or who is otherwise lawfully de- tained in any prison or house of detention, is, in the opinion of the Medical Officer of the prison or house of detention, as the case may be, in which such person is confined, of unsound mind, the Governor may by warrant under his hand

order such

narann

to he removed to an asylum and to be