1950_MENTAL_HOSPITALS_ORDINANCE — Page 5

HK Historical Laws 香港歷史法例 All AI Reviewed

CAP. 136]

[s. 16 cont.]

Detention of prisoners after expiration

of sentence.

Mental Hospitals.

(2) If any person who has been imprisoned under any sentence of imprisonment, or who is otherwise lawfully detained 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 person to be removed to a mental hospital and to be detained there until the expiration of his sentence or period of detention or until further order: Provided that an order under this subsection relating to any prisoner on remand or committed for trial or to any person admitted to the house of detention as a vagrant shall only be made in cases of extreme urgency and on medical grounds.

(3) If any person who has been removed to a mental hospital under the provisions of subsection (2) shall, in the opinion of the medical practitioner in charge of the mental hospital, become of sound mind before the expiration of his sentence or period of detention, the Governor may by warrant under his hand direct such person to be removed to a prison and to be detained there until the expiration of his sentence. The period of detention in the mental hospital shall be reckoned as part of the sentence.

(4) If any person who has been removed to a mental hospital under the provisions of subsection (2) is certified, in the prescribed form, by two medical practitioners to be still of unsound mind at the expiration of his sentence or period of detention, such person shall be detained in a mental hospital until released by the Governor or discharged upon the authority of the medical practitioner in charge of such mental hospital or until he be otherwise released in due course of law.

17. If at the expiration of the sentence of any prisoner detained in a mental hospital under section 16 he is still of unsound mind, such prisoner may on the written order of a magistrate be detained in such mental hospital until discharged by order of the Governor or otherwise released in due course of law.

[16]

54

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2026-05-03 22:51:02 · NVIDIA / meta/llama-4-maverick-17b-128e-instruct
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CAP. 136] [s. 16 cont.] Detention of prisoners after expiration of sentence. Mental Hospitals. (2) If any person who has been imprisoned under any sentence of imprisonment, or who is otherwise lawfully detained 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 person to be removed to a mental hospital and to be detained there until the expiration of his sentence or period of detention or until further order: Provided that an order under this subsection relating to any prisoner on remand or committed for trial or to any person admitted to the house of detention as a vagrant shall only be made in cases of extreme urgency and on medical grounds. (3) If any person who has been removed to a mental hospital under the provisions of subsection (2) shall, in the opinion of the medical practitioner in charge of the mental hospital, become of sound mind before the expiration of his sentence or period of detention, the Governor may by warrant under his hand direct such person to be removed to a prison and to be detained there until the expiration of his sentence. The period of detention in the mental hospital shall be reckoned as part of the sentence. (4) If any person who has been removed to a mental hospital under the provisions of subsection (2) is certified, in the prescribed form, by two medical practitioners to be still of unsound mind at the expiration of his sentence or period of detention, such person shall be detained in a mental hospital until released by the Governor or discharged upon the authority of the medical practitioner in charge of such mental hospital or until he be otherwise released in due course of law. 17. If at the expiration of the sentence of any prisoner detained in a mental hospital under section 16 he is still of unsound mind, such prisoner may on the written order of a magistrate be detained in such mental hospital until discharged by order of the Governor or otherwise released in due course of law. [16] 54
Baseline (Original)
CAP. 136] [s. 16 cont.] Detention of prisoners after expiration of sentence. Mental Hospitals. (2) If any person who has been imprisoned under any sentence of imprisonment, or who is otherwise lawfully detained 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 person to be removed to a mental hospital and to be detained there until the expiration of his sentence or period of detention or until further order: Provided that an order under this subsection relating to any prisoner on remand or committed for trial or to any person admitted to the house of detention as a vagrant shall only be made in cases of extreme urgency and on medical grounds. (3) If any person who has been removed to a mental hospital under the provisions of subsection (2) shall, in the opinion of the medical practitioner in charge of the mental hospital, become of sound mind before the expiration of his sentence or period of detention, the Governor may by warrant under his hand direct such person to be removed to a prison and to be detained there until the expiration of his sentence. The period of detention in the mental hospital shall be reckoned as part of the sentence. (4) If any person who has been removed to a mental hospital under the provisions of subsection (2) is certified, in the prescribed form, by two medical practitioners to be still of unsound mind at the expiration of his sentence or period of detention, such person shall be detained in a mental hospital until released by the Governor or discharged upon the authority of the medical practitioner in charge of such mental hospital or until he be otherwise released in [15] due course of law. 17. If at the expiration of the sentence of any prisoner detained in a mental hospital under section 16 he is still of unsound mind, such prisoner may on the written order of a magistrate be detained in such mental hospital until discharged by order of the Governor or otherwise released in due course of law. [16] 54
2026-05-03 22:51:02 · Baseline
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CAP. 136]

[s. 16 cont.]

Detention of prisoners after expiration

of sentence.

Mental Hospitals.

(2) If any person who has been imprisoned under any sentence of imprisonment, or who is otherwise lawfully detained 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 person to be removed to a mental hospital and to be detained there until the expiration of his sentence or period of detention or until further order: Provided that an order under this subsection relating to any prisoner on remand or committed for trial or to any person admitted to the house of detention as a vagrant shall only be made in cases of extreme urgency and on medical grounds.

(3) If any person who has been removed to a mental hospital under the provisions of subsection (2) shall, in the opinion of the medical practitioner in charge of the mental hospital, become of sound mind before the expiration of his sentence or period of detention, the Governor may by warrant under his hand direct such person to be removed to a prison and to be detained there until the expiration of his sentence. The period of detention in the mental hospital shall be reckoned as part of the sentence.

(4) If any person who has been removed to a mental hospital under the provisions of subsection (2) is certified, in the prescribed form, by two medical practitioners to be still of unsound mind at the expiration of his sentence or period of detention, such person shall be detained in a mental hospital until released by the Governor or discharged upon the authority of the medical practitioner in charge of such mental hospital or until he be otherwise released in [15] due course of law.

17. If at the expiration of the sentence of any prisoner detained in a mental hospital under section 16 he is still of unsound mind, such prisoner may on the written order of a magistrate be detained in such mental hospital until discharged by order of the Governor or otherwise released in due course of law.

[16]

54

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