Hong Kong Ordinances
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CRIMINAL PROCEDURE ORDINANCE - SCHEDULE 4
EFFECT OF ORDERS FOR ADMISSION TO HOSPITAL
Remarks:
Adaptation amendments retroactively made - see 39 of 1999 s. 3
[section 76]
(Amended 58 of 1994 s. 4)
1. (1) An order for admission to the Correctional Services Department Psychiatric Centre or to a mental hospital under section 76(2)(a) shall be sufficient authority for- (Amended 37 of 1996 s. 7)(a) in the case of admission to the Correctional Services Department Psychiatric Centre, the Commissioner of Correctional Services; or
(b) in the case of admission to a mental hospital, any person acting under the authority of the Chief Executive,
to take the person to whom the order relates and convey him at any time within the period of 28 days (beginning with the date on which the order was made) to the Correctional Services Department Psychiatric Centre or the mental hospital specified by the Chief Executive. (Replaced 37 of 1973 s. 7)
(2) The court by which any such order as aforesaid is made may give such directions as it thinks fit for the conveyance of a person to whom the order relates to a place of safety and his detention therein pending his admission to the Correctional Services Department Psychiatric Centre or the mental hospital within the said period of 28 days.
(3) Where a person is admitted within the said period to the Correctional Service Department Psychiatric Centre or the mental hospital specified by the Chief Executive under section 76(2)(a), such order shall be sufficient authority for the Commissioner of Correctional Services or the medical superintendent to detain him therein in accordance with section 45 of the Mental Health Ordinance (Cap 136) as applied by paragraph 2 of this Schedule. (Amended 37 of 1996 s. 7)
2. A person who is admitted to the Correctional Services Department Psychiatric Centre or a mental hospital in pursuance of an order under section 76(2)(a) shall be treated for the purposes of the Mental Health Ordinance (Cap 136) as if he had been so admitted in pursuance of a hospital order made (on the date of the order under section 76(2)(a)) under section 45 of that Ordinance without an endorsement under subsection (1A) of that section.(Amended 46 of 1988 s. 33; 37 of 1996 s. 7)
3. If while a person is detained in a mental hospital in pursuance of an order under section 76(2)(a) the Chief Executive, after consultation with the medical superintendent, is satisfied that the person can properly be tried, the Chief Executive may by order direct that such person be remitted-(a) to a prison; or
(b) to a training centre established under section 3 of the Training Centres Ordinance (Cap 280),
for trial at the court (within the meaning of section 75(6)) where but for the first-mentioned order he would have been tried, and on his arrival at the prison or training centre, as the case may be, the first-mentioned order shall cease to have effect. (Added 37 of 1996 s. 7)
4. If the Chief Executive, after consultation with the Commissioner of Correctional Services, is satisfied that a person detained in the Correctional Services Department Psychiatric Centre in pursuance of an order under section 76(2)(a) can properly be tried-(a) the Chief Executive may by order direct that the person be detained in the custody of the Commissioner of Correctional Services for trial at the court (within the meaning of section 75(6)) where but for the first-mentioned order he would have been tried; and
(b) the first-mentioned order shall cease to have effect if the Chief Executive makes an order under sub-subparagraph (a). (Added 37 of 1996 s. 7)
(Added 34 of 1972 s. 20. Amended 37 of 1973 s. 7; 39 of 1999 s. 3)
[cf. 1964 c. 84 Sch. 1 U.K.; 1968 c. 19 Sch. 5 Paras. 1 & 2(1) U.K.]