1964_MENTAL_HEALTH_ORDINANCE — Page 37

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CAP. 136]

Mental Health

[1989 Ed.

(2) This section shall apply to any person who is-

(a) committed in custody for trial in accordance with section 85(2) of the Magistrates Ordinance (Cap. 227);

(b) remanded in custody in accordance with section 90 of the Magistrates Ordinance (Cap. 227), the magistrate having made an order of transfer in respect of such person in accordance with section 88 of that Ordinance;

(c) remanded in custody by a court or magistrate;

(d) remanded in custody by the High Court or by a District Court to await a judgment or sentence which has been respited;

(e) a civil prisoner, that is to say, a person committed by a court to prison for a limited term, including a person committed to prison in pursuance of a writ of attachment, not being a person falling to be dealt with under section 52; or (Amended L.N. 183 of 1972)

(f) detained in any place by virtue of the Immigration Ordinance (Cap. 115). (Replaced 55 of 1971 s. 66)

(3) The provisions of section 52(2), (3) and (4) shall apply for the purposes of this section and to any transfer made in accordance with this section.

[cf. 1959 c. 72 s. 73 U.K.]

54. Further provisions as to persons committed for trial or sentence or on remand

(1) A transfer order given in accordance with section 53(1) shall cease to have effect when the case of the person named in the transfer order has been disposed of by the court or magistrate having jurisdiction to try or otherwise deal with him; but without prejudice to any power of that court or magistrate to make a hospital order under this Part in his case. (Amended 34 of 1972 s. 22)

(2) Where a transfer order has been given in accordance with section 53(1)-

(a) if the Governor is notified by a medical superintendent at any time before the person named in the transfer order is brought before the court or magistrate having jurisdiction to try or otherwise deal with him, that the person no longer requires treatment for mental disorder, the Governor may by order direct that such person be remitted to any place where he might have been detained if he had not been removed to a mental hospital, there to be dealt with as if he had not been so removed, and on his arrival at the place to which he is so remitted the transfer order shall cease to have effect; (Amended 34 of 1972 s. 22)

(b) if no order has been made in accordance with paragraph (a) and if it appears to the court or magistrate having jurisdiction to try or otherwise deal with him...