1964_MENTAL_HEALTH_ORDINANCE — Page 36

1989 Ed.]

Mental Health

[CAP. 136

35 /

had been lawfully confined in a prison in accordance with section 7 of that Ordinance except that during the period within which he is liable to be detained---

(a) the power to the Commissioner of Correctional Services to grant leave of absence under the Prisons Ordinance (Cap. 234) shall not be exercised; and

(b) the person shall not be discharged therefrom unless with the prior

consent of the Governor.

(Added 37 of 1973 s. 5)

52B. Removal to a mental hospital of persons

detained in the Correctional Services

Department Psychiatric Centre

(1) The Governor may, after consultation with a medical superintendent and the Commissioner of Correctional Services, by order direct that a person detained in the Correctional Services Department Psychiatric Centre in pursuance of an order made under this Part or under the Criminal Procedure Ordinance (Cap. 221), be removed to and detained in a mental hospital.

(2) An order under subsection (1) shall be sufficient authority for the medical superintendent to admit the person removed from the Correctional Services Department Psychiatric Centre to a mental hospital and to detain him therein for the period specified in the order authorizing his detention in the Correctional Services Department Psychiatric Centre, or if no such period is specified, while that order is in force.

(3) A person who is removed to and detained in a mental hospital in pursuance of an order under subsection (1) shall be treated as being detained there in accordance with section 36 except that during the period within which he is liable to be detained-

(a) the power of the medical superintendent to permit absence on

trial under section 39 shall not be exercised; and

(b) the person shall not be discharged therefrom except with the

consent of the Governor.

53. Removal to a mental hospital of other prisoners

(Added 46 of 1988 s. 21)

(1) If the Governor is satisfied from the report of a medical officer that a person to whom this section applies is a mentally disordered person and that the nature or degree of the mental disorder from which he is suffering warrants his detention of the person in a mental hospital for medical treatment, the Governor may by transfer order direct that the person be removed to and detained in a mental hospital.

i