Hong Kong Ordinances

MENTAL HEALTH ORDINANCE - SECT 52B

Removal to a mental hospital of persons detained in the Correctional Services Department Psychiatric Centre

(Past version on 30/06/1997).

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

(1) The Chief Executive may, after consultation with a medical  superintendent
and the Commissioner of Correctional Services, by order direct that a person
detained in the Correctional Services Department  Psychiatric Centre in
pursuance of an order made under this Part or under the
Criminal Procedure Ordinance ( Cap 221), be removed to and detained in a
mental hospital.

(2) An order under subsection (1) shall be sufficient authority for the
medical superintendent to admit the person removed from the
Correctional Services Department Psychiatric Centre to a mental hospital and
to detain him therein for the period specified in the order authorizing his
detention in the Correctional Services Department  Psychiatric Centre, or if
no such period is specified, while that order is in force.

(3) A person who is removed to and detained in a mental hospital in pursuance
of an order under subsection (1) shall be treated as being detained there in
accordance with section 36 except that during the period within which he is
liable to be detained-

   (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. (Added 46 of 1988 s. 21. Amended 60 of 2000 s.
        3)