1923_ASYLUMS_ORDINANCE__1906 — Page 2

HK Historical Laws 香港歷史法例 All AI Reviewed

ASYLUMS.

No. 6 of 1906.

1671

Who may cause person of unsound mind to be detained.

7. Any medical practitioner, or officer of police or any private person, having reason to believe that a person is of unsound mind may on the written order of any magistrate or justice of the peace cause such person to be conveyed, using such force as may be necessary, to an asylum.

Detention for observation.

8. It shall be lawful for any medical practitioner in charge of any asylum to detain under observation for seven days any person taken to such asylum under the provisions of section 7 or section 11.

Procedure where person detained under observation is found to be of unsound mind before expiration of period of detention for observation.

9. If, before the expiration of the said seven days, two medical practitioners shall be of opinion that the person detained under observation is in fact a person of unsound mind, they shall each sign a certificate in Form A in the Schedule and forward it to a magistrate who shall countersign it if it shall appear to him that such person is of unsound mind.

certificate to be a valid detention in an asylum.

Every such certificate when so countersigned shall constitute a valid order of such magistrate for the detention in an asylum of the person named therein as being of unsound mind. Thereupon he may be detained in any asylum until released by order of the Governor or until discharged upon the authority of the medical practitioner in charge of such asylum, or until he is otherwise released in due course of law. Provided that the certificate required by this section shall not be countersigned by such magistrate unless it is established to his satisfaction that neither of the medical practitioners signing such certificate is the husband or wife or a near relative, or a partner, or an assistant, of the person to whom it refers.

Extension of period of observation.

10. In the event of two medical practitioners certifying in Form B in the Schedule that it is necessary to detain a person in an asylum for purposes of observation for a longer period than seven days but not exceeding fourteen days in all, such certificate shall be forwarded to a magistrate and be countersigned by him if he is satisfied that it is necessary that such person be so detained, whereupon he 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 unsound mind, the procedure laid down in section 9 shall be followed.

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ASYLUMS. No. 6 of 1906. 1671 Who may cause person of unsound mind to be detained. 7. Any medical practitioner, or officer of police or any private person, having reason to believe that a person is of unsound mind may on the written order of any magistrate or justice of the peace cause such person to be conveyed, using such force as may be necessary, to an asylum. Detention for observation. 8. It shall be lawful for any medical practitioner in charge of any asylum to detain under observation for seven days any person taken to such asylum under the provisions of section 7 or section 11. Procedure where person detained under observation is found to be of unsound mind before expiration of period of detention for observation. 9. If, before the expiration of the said seven days, two medical practitioners shall be of opinion that the person detained under observation is in fact a person of unsound mind, they shall each sign a certificate in Form A in the Schedule and forward it to a magistrate who shall countersign it if it shall appear to him that such person is of unsound mind. certificate to be a valid detention in an asylum. Every such certificate when so countersigned shall constitute a valid order of such magistrate for the detention in an asylum of the person named therein as being of unsound mind. Thereupon he may be detained in any asylum until released by order of the Governor or until discharged upon the authority of the medical practitioner in charge of such asylum, or until he is otherwise released in due course of law. Provided that the certificate required by this section shall not be countersigned by such magistrate unless it is established to his satisfaction that neither of the medical practitioners signing such certificate is the husband or wife or a near relative, or a partner, or an assistant, of the person to whom it refers. Extension of period of observation. 10. In the event of two medical practitioners certifying in Form B in the Schedule that it is necessary to detain a person in an asylum for purposes of observation for a longer period than seven days but not exceeding fourteen days in all, such certificate shall be forwarded to a magistrate and be countersigned by him if he is satisfied that it is necessary that such person be so detained, whereupon he 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 unsound mind, the procedure laid down in section 9 shall be followed.
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ASYLUMS. No. 6 of 1906. 1671 Who may cause person of unsound 7. Any medical practitioner, or officer of police or any private person, having reason to believe that a person is of unsound mind may on the written order of any magistrate mind to be or justice of the peace cause such person to be conveyed, using such force as may be necessary, to an asylum. detained. 8. It shall be lawful for any medical practitioner in charge Detention of any asylun to detain under observation for seven days for observa- any person taken to such asylum under the provisions of section 7 or section 11. tion. where person 9. If, before the expiration of the said seven days, two Procedure medical practitioners shall be of opinion that the person detained detained under observation is in fact a person of unsound found to be mind, they shall each sign a certificate in Form A in the of unsound Schedule and forward it to a magistrate who shall countersign expiration of it if it shall appear to him that such person is of unsound period of mind. mind before detention for observation. Schedule. Form A. certificate to be a valid detention in an asylum. Every such certificate when so countersigned shall Medical constitute a valid order of such magistrate for the detention counter in an asylum of the person named therein as being of unsound signed by mind. Thereupon he may be detained in any asylum until magistrate released by order of the Governor or until discharged upon order for the authority of the medical practitioner in charge of such asylum, or until he is otherwise released in due course of law Provided that the certificate required by this section shall not be countersigned by such magistrate unless it is established to his satisfaction that neither of the medical practitioners signing such certificate is the husband or wife or a near relative, or a partner, or an assistant, of the person to whom it refers. detention for 10. In the event of two medical practitioners certifying Extension of in Form B in the Schedule that it is necessary to detain a period of person in an asylum for purposes of observation for a longer observation. period than seven days but not exceeding fourteen days in Schedule. all, such certificate shall be forwarded to a magistrate and Form B. be countersigned by him if he is satisfied that it is necessary that such person be so detained, whereupon he 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 unsound mind, the procedure laid down in section 9 shall be followed..
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ASYLUMS.

No. 6 of 1906.

1671

Who may

cause person of unsound

7. Any medical practitioner, or officer of police or any private person, having reason to believe that a person is of unsound mind may on the written order of any magistrate mind to be or justice of the peace cause such person to be conveyed, using such force as may be necessary, to an asylum.

detained.

8. It shall be lawful for any medical practitioner in charge Detention of any asylun to detain under observation for seven days for observa- any person taken to such asylum under the provisions of section 7 or section 11.

tion.

where person

9. If, before the expiration of the said seven days, two Procedure medical practitioners shall be of opinion that the person detained detained under observation is in fact a person of unsound found to be mind, they shall each sign a certificate in Form A in the of unsound Schedule and forward it to a magistrate who shall countersign expiration of it if it shall appear to him that such person is of unsound period of mind.

mind before

detention for observation. Schedule. Form A.

certificate

to be a valid

detention in

an asylum.

Every such certificate when so countersigned shall Medical constitute a valid order of such magistrate for the detention counter in an asylum of the person named therein as being of unsound signed by mind. Thereupon he may be detained in any asylum until magistrate released by order of the Governor or until discharged upon order for the authority of the medical practitioner in charge of such asylum, or until he is otherwise released in due course of law Provided that the certificate required by this section shall not be countersigned by such magistrate unless it is established to his satisfaction that neither of the medical practitioners signing such certificate is the husband or wife or a near relative, or a partner, or an assistant, of the person to whom it refers.

detention for

10. In the event of two medical practitioners certifying Extension of in Form B in the Schedule that it is necessary to detain a period of person in an asylum for purposes of observation for a longer observation. period than seven days but not exceeding fourteen days in Schedule. all, such certificate shall be forwarded to a magistrate and Form B. be countersigned by him if he is satisfied that it is necessary that such person be so detained, whereupon he 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 unsound mind, the procedure laid down in section 9 shall be followed..

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