4666-1906-Bill-read-a-first-time--Asylums — Page 3

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THE HONGKONG GOVERNMENT GAZETTE, JUNE 8, 1906.

• Medical certificate counter- signed by Magistrate constitutes valid order

Every such certificate when so countersigned shall con- stitute a valid order of such Police Magistrate for the detention in an asylum of the person named therein as being of unsound mind. Thereupon the person so certified to be of unsound mind may be detained in any asylum until released by order of the Governor or until discharged upon for detention the authority of the medical practitioner in charge of such in an asylum. asylum, or until he be otherwise released in due course of law: Provided that the certificate required by this section shall not be countersigned by such Magistrate unless it be established to his satisfaction that weither of the medical practitioners signing such certificate is the husband or wife or a near relative, or a partner, or an assistant, of the per- son certified by them to be of unsound mind.

Extension of period of detention for

Procedure to

10. In the event of two medical parctitioners certifying in the Form B in the Schedule to this Ordinance that it is necessary to detain a person in any asylum for purposes of observation, observation for a longer period than seven days but not obtain order exceeding fourteen days in all such certificate shall be for extended forwarded to a Police Magistrate and be countersigned by detention. him if he be satisfied that it is necessary that such person Magistrate's be so detained whereupon the person already detained for seven days may be detained for a further period of seven days. If before the expiration of the said second period of seven days two medical practitioners shall be of opinion that the person detained under observation is in fact of un- sound mind, the procedure laid down in section 9 with re- spect to a person certified after observation as being of unsound mind shall be followed.

order on medical certificate.

Person suf- fering from

delirium

tremens may

in certain cases be detained in asylum for observation. Power to medical practitioners to deliver

persons of un- sound mind

to persons willing and competent to undertake care and custody. Appeal.

Limitation

of action.

Prisoner

ordered by Supreme Court to be detained during King's pleasure or becoming of unsound

mind while

under imprison-

ment may be removed to any

asylum.

Detention of prisoners

11. Any person taken to the Government Civil Hospital suffering from delirium tremens or developing delirium tre- mens while in such Hospital may, if the Superintendent considers it to be necessary or desirable, be removed to an asylum and be there detained under the provisions of this Ordinance relating to detention for observation.

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

person.

13. Every order of a Magistrate made under the provi- sions of sections 9, 19 and 16 of this Ordinance shall be subject to an appeal by or on behalf of the person orderedl to be detained thereunder to a Judge of the Supreme Court sitting in Conrt or in Chambers.

14. No action shall be brought against any meticát - practitioner or officer or member of the Police Force or against any person whomsoever for anything done in good faith and with reasonable cause in pursuance of the powers conferred by this Ordinance.

15. If any person be ordered by the Supreme Court to be detained as an insane person during the King's pleasure or if any person under imprisonment in any place of con- finement shall become of unsound mind the Governor my by warrant under his hand direct that such person be removed to any asylum named in such warrant there to be detained during the King's pleasure or until the expiration of the sentence under which such person shall have been imprisoned. If such person shall become of sound mind before the expiration of his sentence, of which the period of his detention in such asylum shall be reckoned as part, the Governor shall thereupon by warrant under his hand direct such person to be removed back to the place of confinement from which he shall have been taken or shall give such other order thereon as to the Governor shall seem proper.

16. If at the expiration of the sentence of any pris mer detained in an asylum under the preceding section he is after expira- still of unsound mind such prisoner may on the written order of a Magistrate be detaine 1 in such asylum until dis- charged by order of the Governor or otherwise releasel in due course of law.

tion of

sentence.

T