Hong Kong Ordinances

MENTAL HEALTH ORDINANCE - SECT 52

Removal to a mental hospital of a person serving a sentence of imprisonment

(Past version on 30/06/1997).

Adaptation amendments retroactively made - see 60 of 2000 s. 3

(1) If the Chief Executive is satisfied from the report of a medical officer
that a person who is serving a sentence of imprisonment is a
mentally disordered person and that the nature or degree of the mental 
disorder from which he is suffering warrants his detention in a mental 
hospital for treatment, the Chief Executive may, by transfer order, direct
that the person be removed to and detained in such mental hospital as is
specified in the order.

(2) A transfer order shall cease to have effect at the expiration of a period
of 14 days from the date on which it was made unless within that period the
person with respect to whom it was made has been received in the
mental hospital specified in the transfer order.

(3) A person who is admitted to a mental hospital in pursuance of a
transfer order shall be treated for the purposes of Part III as if he had been
detained in a mental hospital under section 36 except that-

   (a)  the power of the medical superintendent to permit absence on trial
        under section 39 shall not be exercised; and

   (b)  the person shall not be discharged therefrom except with the consent
        of the Chief Executive. (Replaced 46 of 1988 s. 20)

(4) If the Chief Executive is satisfied from the report from a
medical superintendent that a person, who was transferred to a mental 
hospital by a transfer order made under subsection (1) and whose sentence 
of imprisonment has not expired, no longer requires treatment for mental 
disorder the Chief Executive may by order direct that the person be returned
to the custody of the Commissioner of Correctional Services or the
Director of Social Welfare, as the case may be, to serve the remainder of his
sentence of imprisonment. (Amended 40 of 1962 s. 3)

(5) In this section "sentence of imprisonment" (監禁刑罰) includes any
sentence or order for detention in a remand home, a reformatory school, a
house of detention, a detention centre, a training centre or an addiction
treatment centre. (Amended 42 of 1968 s. 12; 12 of 1972 s. 13) (Amended 60 of
2000 s. 3) [cf. 1959 c. 72 s. 72 U.K.]

"sentence of imprisonment" (監禁刑罰)