1964_CRIMINAL_PROCEDURE_ORDINANCE — Page 41

Criminal Procedure

[1988 Ed.

(2) The provisions in that behalf of the Fourth Schedule shall have effect in relation to orders for admission to the Correctional Services Department Psychiatric Centre or a mental hospital made under this section.

(3) Subject to the provisions of the Fourth Schedule, if while a person is detained in a mental hospital in pursuance of an order under subsection (1)(b) the Governor, after consultation with the medical superintendent, is satisfied that the said person can properly be tried, the Governor may by order direct that such person be remitted to prison or to a training centre established under section 3 of the Training Centres Ordinance (Cap. 280) for trial at the court where but for the order he would have been tried; and on his arrival at the prison or training centre the order under subsection (1)(b) shall cease to have effect.

(Replaced, 34 of 1972, s. 13. Amended, 37 of 1973, s. 7)

(4) Subject to the provisions of the Fourth Schedule, if the Governor, after consultation with the Commissioner of Correctional Services, is satisfied that a person detained in the Correctional Services Department Psychiatric Centre in pursuance of an order under subsection (1)(b) can properly be tried-

(a) the Governor may by order direct that such person be detained in the custody of the Commissioner of Correctional Services for trial at the court where but for the order under subsection (1)(b) he would have to be tried; and

(b) the order under subsection (1)(b) shall cease to have effect if the Governor makes an order under paragraph (a). (Added, 37 of 1973, s. 7)

Evidence by prosecution of insanity or diminished responsibility

[cf. U.K. 1964 c. 84, s. 5]

76A. Where on a trial for murder the accused person contends-

(a) that at the time of the alleged offence he was insane so as not to be

responsible according to law for his actions; or

(b) that at that time he was suffering from such abnormality of mind as is specified in section 3(1) of the Homicide Ordinance (Cap. 339) (diminished responsibility),

the court shall allow the prosecution to adduce or elicit evidence tending to prove the other of those contentions, and may give directions as to the stage of the proceedings at which the prosecution may adduce such evidence.

Pregnancy

Proceedings and sentence in case of expectant mother convicted of capital offence

(Added, 34 of 1972, s. 13) [cf. U.K. 1964 c. 84, s. 6]

(Amended, 13 of 1981, s. 7)

77. (1) Where a woman convicted of an offence punishable with death is found in accordance with the provisions of this section to be pregnant, the sentence to be passed on her shall be sentence of imprisonment for life instead of sentence of death.

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