1964_CRIMINAL_PROCEDURE_ORDINANCE — Page 86

1988 Ed.]

Criminal Procedure

[CAP. 221

85

FOURTH SCHEDULE

EFFECT OF ORDERS FOR ADMISSION TO HOSPITAL

[s. 76]

1. (1) An order for admission to the Correctional Services Department Psychiatric Centre or to a mental hospital under section 76(1) shall be sufficient authority for-

(a) in the case of admission to the Correctional Services Department Psychiatric Centre, the

Commissioner of Correctional Services; or

(b) in the case of admission to a mental hospital, any person acting under the authority of the

Governor,

to take the person to whom the order relates and convey him at any time within the period of 28 days (beginning with the date on which the order was made) to the Correctional Services Department Psychiatric Centre or the mental hospital specified by the Governor. (Replaced, 37 of 1973, s. 7)

(2) The court by which any such order as aforesaid is made may give such directions as it thinks fit for the conveyance of a person to whom the order relates to a place of safety and his detention therein pending his admission to the Correctional Services Department Psychiatric Centre or the mental hospital within the said period of 28 days.

(3) Where a person is admitted within the said period to the Correctional Services Department Psychiatric Centre or the mental hospital specified by the Governor under section 76(1), such order shall be sufficient authority for the Commissioner of Correctional Services or the medical superintendent to detain him therein in accordance with section 45 of the Mental Health Ordinance (Cap. 136) as applied by paragraph 2 of this Schedule.

2. A person who is admitted to the Correctional Services Department Psychiatric Centre or a mental hospital in pursuance of an order under section 76(1) shall be treated for the purposes of the Mental Health Ordinance as if he had been so admitted in pursuance of a hospital order made (on the date of the order under section 76(1)) under section 45 of that Ordinance.A

(Added, 34 of 1972, s. 20. Amended, 37 of 1973, s. 7) [cf. U.K. 1964 c. 84, Sch. 1; 1968 c. 19, Sch. 5, Paras. 1, 2(1)】

FIFTH SCHEDULE

CONSEQUENCES AND EFFECT OF Order for ADMISSION TO HOSPITAL UNDER SECTION 83D OR 83L

[ss. 83D & 83L]

1. (1) An order for admission to the Correctional Services Department Psychiatric Centre or a mental hospital under section 83D or 83L shall be sufficient authority for the Commissioner of Correctional Services or any other person directed to do so by the court to take the person to whom the order relates and convey him at any time within the relevant period to the Correctional Services Department Psychiatric Centre or the mental hospital specified by the Governor.

(2) The relevant period for the purposes of this paragraph is- (a) in relation to an order under section 83D or 83L(1), 28 days; (b) in relation to an order under section 83L(2), 7 days,

the said period to begin in either case with the date on which the order was made.

(3) Where a person is admitted within the relevant period to the Correctional Services Department Psychiatric Centre or the mental hospital specified by the Governor under section 83D or, as the case may be, section 83L, the order shall be sufficient authority for the Commissioner of Correctional Services or the medical superintendent to detain him in accordance with the provisions of the Mental Health Ordinance (Cap. 136) referred to in paragraphs 2 and 3, as those provisions apply by virtue of those paragraphs.

2. A person who is admitted to the Correctional Services Department Psychiatric Centre or a mental hospital in pursuance of an order under section 83D or 83L(1) shall be treated for the purposes of the Mental Health Ordinance as if he had been so admitted in pursuance of a hospital order made (on the date of the order made under section 83D or 83L(1)) under section 45 of the Mental Health Ordinance without any period of detention being specified in the order.

3. A person who is admitted to a mental hospital in pursuance of an order under section 83L(2) shall be treated for the purposes of Part III of the Mental Health Ordinance as if he had been admitted (on the date of the order made under section 83L(2)) in pursuance of an application for detention and observation duly made under the said Part III.

adminion for.

( Added, 34 of 1972, s. 20. Amended, 37 of 1973, 5. 7)

[cf. U.K. 1968 c. 19, Sch. 1]

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