### Mental Health Ordinance 《精神健康條例》

52. Removal to a mental hospital of a person serving a sentence of imprisonment
(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; E.R. 4 of 2019)
(Amended 60 of 2000 s. 3)[cf. 1959 c. 72 s. 72 U.K.]

### Mental Health Ordinance 《精神健康條例》

52A. Removal to a Correctional Services Department Psychiatric Centre of persons detained in a mental hospital
(1) The Chief Executive may, after consultation with the Commissioner of Correctional Services and a medical superintendent, by order direct that a person detained in a mental hospital in pursuance of an order made under this Part or under the Criminal Procedure Ordinance (Cap. 221), be removed to and detained in the Correctional Services Department Psychiatric Centre.
(2) An order under subsection (1) shall be sufficient authority for the Commissioner of Correctional Services to admit the person removed from the mental hospital to the Correctional Services Department Psychiatric Centre and to detain him therein for the period specified in the order authorizing his detention in the mental hospital, or if no such period is specified, while that order is in force.
(3) A person who is removed to and detained in the Correctional Services Department Psychiatric Centre in pursuance of an order under subsection (1) shall be treated, for the purposes of the Prisons Ordinance (Cap. 234), as if he had been lawfully confined in a prison in accordance with section 7 of that Ordinance except that during the period within which he is liable to be detained—
(a) the power to the Commissioner of Correctional Services to grant leave of absence under the Prisons Ordinance (Cap. 234) shall not be exercised; and
(b) the person shall not be discharged therefrom unless with the prior consent of the Chief Executive.
(Added 37 of 1973 s. 5. Amended 60 of 2000 s. 3)

### Mental Health Ordinance 《精神健康條例》

52B. Removal to a mental hospital of persons detained in the Correctional Services Department Psychiatric Centre
(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)

### Mental Health Ordinance 《精神健康條例》

53. Removal to a mental hospital of other prisoners
(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.]