1989 Ed.]
Mental Health
[CAP. 136
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to any person who is serving a sentence of imprisonment in pursuance of the order of any court during the period within which he is liable to be detained in pursuance of that sentence other than a person detained until Her Majesty's pleasure is known.
of
(2) An application may be made to the tribunal for the review of any case
(a) a patient permitted to be absent on trial under section 39;
(b) a conditionally discharged patient within the meaning of section 42B;
(c) a person admitted to guardianship.
(3) An application under subsection (1) or (2) may be made by-
(a) the patient; or
(b) his relative,
and, subject to subsection (5) and to any rules made under section 59G, may be made at any time.
(4) An application under subsection (1) or (2) may be brought for the purpose of reviewing any direction or decision of a medical superintendent under this Ordinance and, when so brought, shall specify the grounds for applying for the review.
(5) Except with the leave of the tribunal, no application may be made under subsection (1) or (2)—
(a) by a patient liable to be detained under a hospital order or transfer order, within a period of 12 months after he is first liable to be so detained; or
(b) within 12 months of the determination of a previous review unless it is for the purpose of reviewing any direction or decision of the medical superintendent under this Ordinance which could not have been considered at the previous review.
59C. References to tribunals by Governor
(1) The Governor may, if he thinks fit, at any time refer to the tribunal the case of any person to whom section 59B(1) applies.
(2) For the purpose of furnishing information to the tribunal for the purposes of a reference under subsection (1), any registered medical practitioner authorized by or on behalf of the patient may, at any reasonable time, visit the patient and examine him in private and require the production of and inspect any records relating to the detention or treatment of the patient in any hospital and relevant to the reference.
59D. Duty to refer cases to tribunal
(1) Whenever a person (other than a voluntary patient) or his relative does not exercise his right to apply to the tribunal under section 59B(1) for a period of 12 months after the right first became available to him-
1989 Ed.]
Mental Health
[CAP. 136
41
to any person who is serving a sentence of imprisonment in pursuance of the order of any court during the period within which he is liable to be detained in pursuance of that sentence other than a person detained until Her Majesty's pleasure is known.
of
(2) An application may be made to the tribunal for the review of any case
(a) a patient permitted to be absent on trial under section 39;
(b) a conditionally discharged patient within the meaning of section
42B;
(c) a person admitted to guardianship.
(3) An application under subsection (1) or (2) may be made by-
(a) the patient; or
(b) his relative,
and, subject to subsection (5) and to any rules made under section 59G, may be made at any time.
(4) An application under subsection (1) or (2) may be brought for the purpose of reviewing any direction or decision of a medical superintendent under this Ordinance and, when so brought, shall specify the grounds for applying for the review.
(5) Except with the leave of the tribunal, no application may be made under subsection (1) or (2)—
(a) by a patient liable to be detained under a hospital order or transfer order, within a period of 12 months after he is first liable to be so detained; or
(b) within 12 months of the determination of a previous review unless it is for the purpose of reviewing any direction or decision of the medical superintendent under this Ordinance which could not have been considered at the previous review.
59C. References to tribunals by Governor
(1) The Governor may, if he thinks fit, at any time refer to the tribunal the case of any person to whom section 59B(1) applies.
(2) For the purpose of furnishing information to the tribunal for the purposes of a reference under subsection (1), any registered medical practitioner authorized by or on behalf of the patient may, at any reasonable time, visit the patient and examine him in private and require the production of and inspect any records relating to the detention or treatment of the patient in any hospital and relevant to the reference.
59D. Duty to refer cases to tribunal
(1) Whenever a person (other than a voluntary patient) or his relative does not exercise his right to apply to the tribunal under section 59B(1) for a period of 12 months after the right first became available to him-
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