38
CAP. 136]
Mental Health
[1989 Ed.
of Social Welfare, has reason to believe that a person who is serving a sentence of imprisonment as defined by section 52(5) or a person to whom section 53 applies is a mentally disordered person and that it is necessary or desirable that such person should be forthwith transferred to a mental hospital for observation or treatment, he may, by writing under his hand, order that such person be taken to a mental hospital for the purpose of detention, observation and treatment during the period of 14 days from and including the date of the order. (Amended 40 of 1962 s. 5)
(2) The provisions of sections 51, 52 and 53 may be applied to a person who is detained in a mental hospital in consequence of an order made under subsection (1) as if no such order had been made.
(3) A person who is detained in a mental hospital in consequence of an order made under subsection (1) shall be deemed to be in legal custody.
56. Medical reports on persons on remand
(1) If a person is committed in custody for trial in accordance with section 85(2) of the Magistrates Ordinance (Cap. 227), the Commissioner of Correctional Services-
(a) if the prisoner is charged with a capital offence, may; and
(b) if the Attorney General makes application in writing to the Commissioner of Correctional Services in respect of the prisoner, whether the prisoner is charged with a capital offence or not, shall,
make an order in accordance with section 55(1), even if the Commissioner of Correctional Services has no reason to believe that the prisoner is a mentally disordered person.
(2) If the prisoner has been committed in custody for trial charged with a capital offence or if he is the subject of an application by the Attorney General in accordance with subsection (1)(b), the medical officer of the prison or the medical superintendent of the mental hospital, as the case may be, shall, not less than 7 days before the date fixed for the trial of the prisoner, submit to the Registrar and to the Attorney General a report on the mental condition of the prisoner, stating whether or not the prisoner has exhibited any indication of insanity and whether or not he is fit to plead.
(3) A report submitted in accordance with subsection (2) shall not express any opinion as to the degree of responsibility of the prisoner at the time when the offence with which he is charged was committed but if, from symptoms exhibited while under observation in the prison or in the mental hospital, the medical officer of the prison or the medical superintendent of the mental hospital, as the case may be, is of the opinion that insanity exists and has done so for some time previous to the date when the offence was committed, or that there is any history of insanity, his report should embody this opinion.
38
CAP. 136]
Mental Health
[1989 Ed.
of Social Welfare, has reason to believe that a person who is serving a sentence of imprisonment as defined by section 52(5) or a person to whom section 53 applies is a mentally disordered person and that it is necessary or desirable that such person should be forthwith transferred to a mental hospital for observation or treatment, he may, by writing under his hand, order that such person be taken to a mental hospital for the purpose of detention, observation and treatment during the period of 14 days from and including the date of the order. (Amended 40 of 1962 s. 5)
(2) The provisions of sections 51, 52 and 53 may be applied to a person who is detained in a mental hospital in consequence of an order made under subsection (1) as if no such order had been made.
(3) A person who is detained in a mental hospital in consequence of an order made under subsection (1) shall be deemed to be in legal custody.
56. Medical reports on persons on remand
(1) If a person is committed in custody for trial in accordance with sec- tion 85(2) of the Magistrates Ordinance (Cap. 227), the Commissioner of Correctional Services-
(a) if the prisoner is charged with a capital offence, may; and
+
(b) if the Attorney General makes application in writing to the Commissioner of Correctional Services in respect of the prisoner, whether the prisoner is charged with a capital offence or not, shall,
make an order in accordance with section 55(1), even if the Commissioner of Correctional Services has no reason to believe that the prisoner is a mentally disordered person.
(2) If the prisoner has been committed in custody for trial charged with a capital offence or if he is the subject of an application by the Attorney General in accordance with subsection (1)(b), the medical officer of the prison or the medical superintendent of the mental hospital, as the case may be, shall, not less than 7 days before the date fixed for the trial of the prisoner, submit to the Registrar and to the Attorney General a report on the mental condition of the prisoner, stating whether or not the prisoner has exhibited any indication of insanity and whether or not he is fit to plead.
(3) A report submitted in accordance with subsection (2) shall not express any opinion as to the degree of responsibility of the prisoner at the time when the offence with which he is charged was committed but if, from symptoms exhibited while under observation in the prison or in the mental hospital, the medical officer of the prison or the medical superintendent of the mental hospital, as the case may be, is of the opinion that insanity exists and has done so for some time previous to the date when the offence was committed, or that there is any history of insanity, his report should embody this opinion.
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