Hong Kong Ordinances

MENTAL HEALTH ORDINANCE - SECT 51

Remand

(Past version on 30/06/1997).

(1) (a) If a court or magistrate is of the opinion that any person who is
charged before the court or magistrate with an offence, including a person in
respect of whom an information or charge for an indictable offence is being
heard or has been heard by the magistrate in accordance with the provisions of
Part III of the Magistrates Ordinance ( Cap 227), or who has been convicted
but not sentenced of an offence being, in the case of a conviction by a
magistrate, an offence punishable on summary conviction by imprisonment or an
indictable offence of which the magistrate has convicted the accused
summarily, may be or is alleged to be a mentally incapacitated person, the
court or magistrate may remand such person- (Amended 46 of 1988 s. 19; 81 of
1997 s. 58)

        (i)    to a mental hospital; or

        (ii)   to a prison; or

        (iii)  to a training centre established under section 3 of the
               Training Centres Ordinance ( Cap 280) in the case of a person
               not less than 16 years of age but under 21 years of age; or

        (iv)   to a place of detention appointed under section 16 of the
               Juvenile Offenders Ordinance ( Cap 226) in the case of child or
               young person within the meaning of that Ordinance, for
               observation, investigation and treatment for any period not
               exceeding 14 days and on the making of any such order shall
               adjourn the proceedings against such person for such period and
               may extend such period of 14 days by further periods of 7 days
               each so that the total period of remand does not in any case
               exceed 42 days.

   (b)  Without prejudice to the provisions of any other Ordinance, any person
        remanded under paragraph (a) to a prison, a training centre or a place
        of detention for observation, investigation and treatment may be
        removed in the custody of an officer of the Correctional Services
        Department or a public officer appointed by the
        Director of Social Welfare in the case of a child or young person,
        from the prison, training centre or place of detention for the purpose
        of attending a Government psychiatric clinic or Hospital Authority
        (within the meaning of the Hospital Authority Ordinance ( Cap 113))
        psychiatric clinic for observation, investigation and treatment.
        (Amended 68 of 1990 s. 24)

   (c)  The Training Centres Ordinance ( Cap 280) shall apply mutatis mutandis
        to any person remanded to a training centre under paragraph (a) for
        observation, investigation and treatment.

   (d)  The Remand Home Rules ( Cap 226 sub. leg.) shall apply to any child or
        young person remanded to a place of detention under paragraph (a) for
        observation, investigation and treatment. (Replaced 3 of 1968 s. 3)

(2) (a) A court or magistrate may, in lieu of remanding a person under
subsection (1), admit him to bail in accordance with the periods specified in
subsection (1) on his procuring or producing such surety or sureties as the
court or magistrate thinks fit.

   (b)  In the case of any person admitted to bail under paragraph (a) it
        shall be a condition of the recognizance-

        (i)    that he shall undergo observation, investigation and treatment
               by a medical officer at such mental hospital or Government
               psychiatric clinic or Hospital Authority (within the meaning of
               the Hospital Authority  Ordinance ( Cap 113)) psychiatric
               clinic as may be specified in the recognizance; or (Amended 68
               of 1990 s. 24)

        (ii)   that he shall undergo observation, investigation and treatment
               by a suitably qualified medical practitioner named in the
               recognizance.

   (c)  In the case of any person admitted to bail under paragraph (a) it may
        be a condition of the recognizance that the person reside in a
        mental hospital for the purposes of observation, investigation and
        treatment for such period, within the period specified in the
        recognizance, as may be required by the examining medical officer or
        medical practitioner.

   (d)  Notwithstanding any other provision of this Ordinance, where
        arrangements have been made for the reception of any person so
        required to reside at a mental hospital for the purposes of any
        observation, investigation and treatment he may be admitted to the
        mental hospital.

   (e)  Where a court or magistrate is satisfied by information on oath that a
        person admitted to bail under paragraph (a) has failed to observe any
        of the conditions of the recognizance taken under this subsection the
        court or magistrate may issue a warrant for the apprehension of the
        person; and the recognizance may be enforced in like manner, as a
        recognizance may be enforced under the Criminal Procedure Ordinance (
        Cap  221) or under Part II of the Magistrates Ordinance ( Cap 227), as
        the case may be. (Added 3 of 1968 s. 3)

(3) (Repealed 46 of 1988 s. 19)

(4) Any order made in accordance with subsection (1) or (2) may be made in the
absence of the person if the court or magistrate is satisfied on such evidence
as shall be placed before him that no useful purpose might be served by the
personal appearance before the court or magistrate of such person. (Amended 3
of 1968 s. 3; 46 of 1988 s. 19)