Hong Kong Ordinances

MENTAL HEALTH ORDINANCE - SECT 54

Further provisions as to persons committed for trial or sentence or on remand

(Past version on 30/06/1997).

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

(1) A transfer order given in accordance with section 53(1) shall cease to
have effect when the case of the person named in the transfer  order has been
disposed of by the court or magistrate having jurisdiction to try or otherwise
deal with him; but without prejudice to any power of that court or magistrate
to make a hospital order under this Part in his case. (Amended 34 of 1972 s.
22)

(2) Where a transfer order has been given in accordance with section 53(1)-

   (a)  if the Chief Executive is notified by a medical superintendent at any
        time before the person named in the transfer order is brought before
        the court or magistrate having jurisdiction to try or otherwise deal
        with him, that the person no longer requires treatment for mental 
        disorder, the Chief Executive may by order direct that such person be
        remitted to any place where he might have been detained if he had not
        been removed to a mental hospital, there to be dealt with as if he had
        not been so removed, and on his arrival at the place to which he is so
        remitted the transfer order shall cease to have effect; (Amended 34 of
        1972 s. 22; 60 of 2000 s. 3)

   (b)  if no order has been made in accordance with paragraph (a) and if it
        appears to the court or magistrate having jurisdiction to try or
        otherwise deal with the person named in the transfer order that it is
        impracticable or inappropriate to bring that person before the court
        or magistrate and the conditions set out in subsection (3) are
        satisfied, the court or magistrate may make a hospital order in
        respect of such person in his absence and, in the case of a person
        awaiting trial, without convicting him. (Amended 34 of 1972 s. 22)

(3) A hospital order may be made in respect of a person in accordance with
subsection (2)(b) if the court or magistrate is satisfied, on the written or
oral evidence of 2 registered medical practitioners received in accordance
with section 46(1) and (2) that- (Amended 40 of 1962 s. 4)

   (a)  such person is a mentally disordered person; and

   (b)  the nature or degree of the mental disorder from which the person is
        suffering warrants his detention in a mental hospital for medical
        treatment, and the court or magistrate is of the opinion after
        considering any depositions or other documents required to be sent to
        the proper officer of the court, that it is proper to make a
        hospital order.

(4) When a transfer order has been made in respect of a person remanded in
custody by a magistrate, the power of further remanding such person under
section 20 of the Magistrates Ordinance ( Cap 227) may be exercised by the
magistrate without such person being brought before the magistrate.

(5) Any transfer order made in respect of a civil prisoner shall cease to have
effect on the expiration of the period during which he would but for his
removal to the mental hospital, be liable to be detained in prison. [cf. 1959
c. 72 s. 75 U.K.]