1964_MENTAL_HEALTH_ORDINANCE — Page 30

HK Historical Laws 香港歷史法例 All AI Reviewed

1989 Ed.]

Mental Health

[CAP. 136

29

magistrate has power to make apart from this section and for the purpose of this subsection "sentence of imprisonment" includes any sentence or order for detention in a remand home, a reformatory school, a house of detention or a training centre.

[cf. 1959 c. 72 s. 60.U.K.]

46. Requirement as to medical evidence

(1) of the registered medical practitioners whose evidence is received in accordance with section 45(1)(b), 49(3) or 54(3) at least one shall be a medical officer.

(2) For the purpose of section 45(1)(b), 49(3) or 54(3) a report in writing purporting to be signed by a registered medical practitioner may, subject to the provisions of this section, be received in evidence without proof of the signature or qualifications of the registered medical practitioner but the court or magistrate may require that the registered medical practitioner, by whom the report was signed, be called to give oral evidence.

(3) Where, in pursuance of the directions of a court or magistrate, a report of a registered medical practitioner is tendered in evidence in accordance with section 45(1)(b) or 49(3) otherwise than by or on behalf of the accused- (Amended 40 of 1962 s. 2)

(a) if the accused is represented by counsel or solicitor, a copy of the report shall be given to his counsel or solicitor;

(b) if the accused is not so represented, the substance of the report shall be disclosed to the accused or, in the case of a child or young person, to his parent or guardian if present in court; and (c) in any case, the accused, or in the case of a child or young person, his parent or guardian may require that the registered medical practitioner who signed the report be called to give oral evidence, and evidence to rebut the evidence contained in the report may be called by or on behalf of the accused.

(Amended 46 of 1988 s. 16)

[cf. 1959 c. 72 s. 62 U.K.]

47. Effect of hospital order

(1) A hospital order shall be sufficient authority for-

(a) the Commissioner of Correctional Services or any other person directed to do so by the court or magistrate to convey the person named in the order to the Correctional Services Department Psychiatric Centre or the mental hospital specified in the order within a period of 28 days from the date of the order; and


Page 30

Edit History

2026-05-05 00:52:57 · NVIDIA / meta/llama-4-maverick-17b-128e-instruct
Live
View comparison
AI Proofread
1989 Ed.] Mental Health [CAP. 136 29 magistrate has power to make apart from this section and for the purpose of this subsection "sentence of imprisonment" includes any sentence or order for detention in a remand home, a reformatory school, a house of detention or a training centre. [cf. 1959 c. 72 s. 60.U.K.] 46. Requirement as to medical evidence (1) of the registered medical practitioners whose evidence is received in accordance with section 45(1)(b), 49(3) or 54(3) at least one shall be a medical officer. (2) For the purpose of section 45(1)(b), 49(3) or 54(3) a report in writing purporting to be signed by a registered medical practitioner may, subject to the provisions of this section, be received in evidence without proof of the signature or qualifications of the registered medical practitioner but the court or magistrate may require that the registered medical practitioner, by whom the report was signed, be called to give oral evidence. (3) Where, in pursuance of the directions of a court or magistrate, a report of a registered medical practitioner is tendered in evidence in accordance with section 45(1)(b) or 49(3) otherwise than by or on behalf of the accused- (Amended 40 of 1962 s. 2) (a) if the accused is represented by counsel or solicitor, a copy of the report shall be given to his counsel or solicitor; (b) if the accused is not so represented, the substance of the report shall be disclosed to the accused or, in the case of a child or young person, to his parent or guardian if present in court; and (c) in any case, the accused, or in the case of a child or young person, his parent or guardian may require that the registered medical practitioner who signed the report be called to give oral evidence, and evidence to rebut the evidence contained in the report may be called by or on behalf of the accused. (Amended 46 of 1988 s. 16) [cf. 1959 c. 72 s. 62 U.K.] 47. Effect of hospital order (1) A hospital order shall be sufficient authority for- (a) the Commissioner of Correctional Services or any other person directed to do so by the court or magistrate to convey the person named in the order to the Correctional Services Department Psychiatric Centre or the mental hospital specified in the order within a period of 28 days from the date of the order; and Page 30
Baseline (Original)
1989 Ed.] Mental Health [CAP. 136 29 magistrate has power to make apart from this section and for the purpose of this subsection "sentence of imprisonment" includes any sentence or order for detention in a remand home, a reformatory school, a house of detention or a training centre. [cf. 1959 c. 72 s. 60.U.K.] 46. Requirement as to medical evidence (1) of the registered medical practitioners whose evidence is received in accordance with section 45(1)(b), 49(3) or 54(3) at least one shall be a medical officer. (2) For the purpose of section 45(1)(b), 49(3) or 54(3) a report in writing purporting to be signed by a registered medical practitioner may, subject to the provisions of this section, be received in evidence without proof of the signature or qualifications of the registered medical practitioner but the court or magistrate may require that the registered medical practitioner, by whom the report was signed, be called to give oral evidence. (3) Where, in pursuance of the directions of a court or magistrate, a report of a registered medical practitioner is tendered in evidence in accordance with section 45(1)(b) or 49(3) otherwise than by or on behalf of the accused- (Amended 40 of 1962 s. 2) (a) if the accused is represented by counsel or solicitor, a copy of the report shall be given to his counsel or solicitor; (b) if the accused is not so represented, the substance of the report shall be disclosed to the accused or, in the case of a child or young person, to his parent or guardian if present in court; and (c) in any case, the accused, or in the case of a child or young person, his parent or guardian may require that the registered medical practitioner who signed the report be called to give oral evidence, and evidence to rebut the evidence contained in the report may be called by or on behalf of the accused. (Amended 46 of 1988 s. 16) [cf. 1959 c. 72 s. 62 U.K.] 47. Effect of hospital order (1) A hospital order shall be sufficient authority for- (a) the Commissioner of Correctional Services or any other person directed to do so by the court or magistrate to convey the person named in the order to the Correctional Services Department Psychiatric Centre or the mental hospital specified in the order within a period of 28 days from the date of the order; and Page 30!
2026-05-05 00:52:57 · Baseline
View content

1989 Ed.]

Mental Health

[CAP. 136

29

magistrate has power to make apart from this section and for the purpose of this subsection "sentence of imprisonment" includes any sentence or order for detention in a remand home, a reformatory school, a house of detention or a training centre.

[cf. 1959 c. 72 s. 60.U.K.]

46. Requirement as to medical evidence

(1) of the registered medical practitioners whose evidence is received in accordance with section 45(1)(b), 49(3) or 54(3) at least one shall be a medical officer.

(2) For the purpose of section 45(1)(b), 49(3) or 54(3) a report in writing purporting to be signed by a registered medical practitioner may, subject to the provisions of this section, be received in evidence without proof of the signature or qualifications of the registered medical practitioner but the court or magistrate may require that the registered medical practitioner, by whom the report was signed, be called to give oral evidence.

(3) Where, in pursuance of the directions of a court or magistrate, a report of a registered medical practitioner is tendered in evidence in accordance with section 45(1)(b) or 49(3) otherwise than by or on behalf of the accused- (Amended 40 of 1962 s. 2)

(a) if the accused is represented by counsel or solicitor, a copy of the

report shall be given to his counsel or solicitor;

(b) if the accused is not so represented, the substance of the report shall be disclosed to the accused or, in the case of a child or young person, to his parent or guardian if present in court; and (c) in any case, the accused, or in the case of a child or young person, his parent or guardian may require that the registered medical practitioner who signed the report be called to give oral evidence, and evidence to rebut the evidence contained in the report may be called by or on behalf of the accused.

(Amended 46 of 1988 s. 16) [cf. 1959 c. 72 s. 62 U.K.]

47. Effect of hospital order

(1) A hospital order shall be sufficient authority for-

(a) the Commissioner of Correctional Services or any other person directed to do so by the court or magistrate to convey the person named in the order to the Correctional Services Department Psychiatric Centre or the mental hospital specified in the order within a period of 28 days from the date of the order; and

Page 30!

Comments

Approved members can add comments, bookmarks, and private notes.

No comments yet.

Private Research Note

Private notes are available after approval.