1964_MENTAL_HEALTH_ORDINANCE — Page 38

1989 Ed.]

Mental Health

[CAP. 136

37

or otherwise deal with the person named in the transfer order that it is impracticable or inappropriate to bring that person before the court or magistrate and the conditions set out in subsection (3) are satisfied, the court or magistrate may make a hospital order in respect of such person in his absence and, in the case of a person awaiting trial, without convicting him. (Amended 34 of 1972 s. 22)

(3) A hospital order may be made in respect of a person in accordance with subsection (2)(b) if the court or magistrate is satisfied, on the written or oral evidence of 2 registered medical practitioners received in accordance with section 46(1) and (2) that- (Amended 40 of 1962 s. 4)

(a) such person is a mentally disordered person; and

(b) the nature or degree of the mental disorder from which the person is suffering warrants his detention in a mental hospital for medical treatment,

and the court or magistrate is of the opinion after considering any depositions or other documents required to be sent to the proper officer of the court, that it is proper to make a hospital order.

(4) When a transfer order has been made in respect of a person remanded in custody by a magistrate, the power of further remanding such person under section 20 of the Magistrates Ordinance (Cap. 227) may be exercised by the magistrate without such person being brought before the magistrate.

(5) Any transfer order made in respect of a civil prisoner shall cease to have effect on the expiration of the period during which he would, but for his removal to the mental hospital, be liable to be detained in prison.

54A. Hospital order in respect of persons awaiting trial or sentence

[cf. 1959 c. 72 s. 75 U.K.]

If it appears to the court or magistrate having jurisdiction to try or otherwise deal with a person specified in section 53(2)(a), (b), (c) or (d) that—

(a) the conditions set out in section 54(3) are satisfied; and

(b) it is impracticable or inappropriate to bring that person before the court or magistrate,

the court or magistrate may, by a hospital order made in respect of that person in his absence and, if he is a person awaiting trial, without convicting him, authorize his admission to and detention in the Correctional Services Department Psychiatric Centre.

55. Removal of prisoners for observation (Added 37 of 1973 s. 6)

(1) If the Commissioner of Correctional Services or, in the case of a person who is detained in a remand home or a reformatory school, the Director