Hong Kong Ordinances

MENTAL HEALTH ORDINANCE - SECT 53

Removal to a mental hospital of other prisoners

(Past version on 30/06/1997).

Adaptation amendments retroactively made - see 25 of 1998 s. 2; 60 of 2000 s.
3

(1) If the Chief Executive is satisfied from the report of a medical officer
that a person to whom this section applies is a mentally  disordered person
and that the nature or degree of the mental disorder from which he is
suffering warrants his detention of the person in a mental hospital for
medical treatment, the Chief Executive may by transfer  order direct that the
person be removed to and detained in a mental  hospital. (Amended 60 of 2000
s. 3)

(2) This section shall apply to any person who is-

   (a)  committed in custody for trial in accordance with section 85(2) of the
        Magistrates Ordinance ( Cap 227);

   (b)  remanded in custody in accordance with section 90 of the
        Magistrates Ordinance ( Cap 227), the magistrate having made an order
        of transfer in respect of such person in accordance with section 88 of
        that Ordinance;

   (c)  remanded in custody by a court or magistrate;

   (d)  remanded in custody by the Court of First Instance or by a District
        Court to await a judgment or sentence which has been respited;
        (Amended 25 of 1998 s. 2)

   (e)  a civil prisoner, that is to say, a person committed by a court to
        prison for a limited term, including a person committed to prison in
        pursuance of a writ of attachment, not being a person falling to be
        dealt with under section 52; or (Amended L.N. 183 of 1972)

   (f)  detained in any place by virtue of the Immigration Ordinance (
        Cap 115). (Replaced 55 of 1971 s. 66)

(3) The provisions of section 52(2), (3) and (4) shall apply for the purposes
of this section and to any transfer made in accordance with this section. [cf.
1959 c. 72 s. 73 U.K.]