1989 Ed.]
Mental Health
[CAP. 136
31
*49. Hospital Order Appeal Tribunal
(1) For the purpose of considering petitions to the Governor in Council in accordance with section 50, there shall be a tribunal to be known as the Hospital Order Appeal Tribunal which shall consist of a chairman and not more than 5 other members appointed by the Governor.
(2) Members of the tribunal shall hold office for 3 years from the dates of their respective appointment and may be reappointed or removed by the Governor at his pleasure.
(3) There shall be a secretary to the tribunal who shall be appointed by the Governor.
(4) The tribunal may make standing orders for its procedure in the transaction of its business and maintenance of good order at its meetings:
Provided that a copy of each such standing order shall be furnished to the Chief Secretary and shall be subject to disallowance or amendment at any time by the Governor.
(5) The quorum necessary for the transaction of the business of the tribunal may be fixed by standing orders and, unless so fixed, 3 members shall form a quorum.
50. Period of detention under this Part
Subject to section 49, no person shall be detained-
(a) in pursuance of a hospital order, being an order authorizing his detention for a specified period, after the expiration of that period; or
(b) if he is serving a sentence of imprisonment in pursuance of the order of any court, in a mental hospital or the Correctional Services Department Psychiatric Centre after the expiration of the sentence of imprisonment,
unless he is detained under Part III otherwise than as applied by this Part.
(Replaced 46 of 1988 s. 18)
51. Remand
(1) (a) If a court or magistrate is of the opinion that any person who is charged before the court or magistrate with an offence, including a person in respect of whom an information or charge for an indictable offence is being heard or has been heard by the magistrate in accordance with the provisions of Part III of the Magistrates Ordinance (Cap. 227), or who has been convicted but not sentenced of an offence being, in the case of a conviction by a magistrate, an offence punishable on summary conviction by
*To be repealed and replaced by 46 of 1988 s. 18-see L.N. 420 of 1989
1989 Ed.]
Mental Health
[CAP. 136
31
*49. Hospital Order Appeal Tribunal
(1) For the purpose of considering petitions to the Governor in Council in accordance with section 50, there shall be a tribunal to be known as the Hospital Order Appeal Tribunal which shall consist of a chairman and not more than 5 other members appointed by the Governor.
(2) Members of the tribunal shall hold office for 3 years from the dates of their respective appointment and may be reappointed or removed by the Governor at his pleasure.
(3) There shall be a secretary to the tribunal who shall be appointed by the Governor.
(4) The tribunal may make standing orders for its procedure in the transaction of its business and maintenance of good order at its meetings:
Provided that a copy of each such standing order shall be furnished to the Chief Secretary and shall be subject to disallowance or amendment at any time by the Governor.
(5) The quorum necessary for the transaction of the business of the tribunal may be fixed by standing orders and, unless so fixed, 3 members shall form a quorum.
50. Period of detention under this Part
Subject to section 49, no person shall be detained-
(a) in pursuance of a hospital order, being an order authorizing his detention for a specified period, after the expiration of that period; or
(b) if he is serving a sentence of imprisonment in pursuance of the order of any court, in a mental hospital or the Correctional Services Department Psychiatric Centre after the expiration of the sentence of imprisonment,
unless he is detained under Part III otherwise than as applied by this Part.
(Replaced 46 of 1988 s. 18)
51. Remand
(1) (a) If a court or magistrate is of the opinion that any person who is charged before the court or magistrate with an offence, including a person in respect of whom an information or charge for an indictable offence is being heard or has been heard by the magistrate in accordance with the provisions of Part III of the Magistrates Ordinance (Cap. 227), or who has been convicted but not sentenced of an offence being, in the case of a conviction by a magistrate, an offence punishable on summary conviction by
*To be repealed and replaced by 46 of 1988 s. 18-see L.N. 420 of 1989
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