### Mental Health Ordinance 《精神健康條例》

54A. Hospital order in respect of persons awaiting trial or sentence
If it appears to the court or magistrate having jurisdiction to try or otherwise deal with a person specified in section 53(2)(a), (b), (c) or (d) that—
(a) the conditions set out in section 54(3) are satisfied; and
(b) it is impracticable or inappropriate to bring that person before the court or magistrate,
the court or magistrate may, by a hospital order made in respect of that person in his absence and, if he is a person awaiting trial, without convicting him, authorize his admission to and detention in the Correctional Services Department Psychiatric Centre.
(Added 37 of 1973 s. 6)

55. Removal of prisoners for observation
(1) If the Commissioner of Correctional Services or, in the case of a person who is detained in a remand home or a reformatory school, the Director of Social Welfare, has reason to believe that a person who is serving a sentence of imprisonment as defined by section 52(5) or a person to whom section 53 applies is a mentally disordered person and that it is necessary or desirable that such person should be forthwith transferred to a mental hospital for observation or treatment, he may, by writing under his hand, order that such person be taken to a mental hospital for the purpose of detention, observation and treatment during the period of 14 days from and including the date of the order. (Amended 40 of 1962 s. 5)
(2) The provisions of sections 51, 52 and 53 may be applied to a person who is detained in a mental hospital in consequence of an order made under subsection (1) as if no such order had been made.
(3) A person who is detained in a mental hospital in consequence of an order made under subsection (1) shall be deemed to be in legal custody.

### Mental Health Ordinance 《精神健康條例》

56. Medical reports on persons on remand
(1) If a person is committed in custody for trial in accordance with section 85(2) of the Magistrates Ordinance (Cap. 227), the Commissioner of Correctional Services—
(a) (Repealed 24 of 1993 s. 18)(b) if the Secretary for Justice makes application in writing to the Commissioner of Correctional Services in respect of the prisoner, shall, (Amended 24 of 1993 s. 18)
make an order in accordance with section 55(1), even if the Commissioner of Correctional Services has no reason to believe that the prisoner is a mentally disordered person.
(2) If the prisoner is the subject of an application by the Secretary for Justice in accordance with subsection (1)(b), the medical officer of the prison or the medical superintendent of the mental hospital, as the case may be, shall, not less than 7 days before the date fixed for the trial of the prisoner, submit to the Registrar and to the Secretary for Justice a report on the mental condition of the prisoner, stating whether or not the prisoner has exhibited any indication of insanity and whether or not he is fit to plead. (Amended 24 of 1993 s. 18)
(3) A report submitted in accordance with subsection (2) shall not express any opinion as to the degree of responsibility of the prisoner at the time when the offence with which he is charged was committed but if, from symptoms exhibited while under observation in the prison or in the mental hospital, the medical officer of the prison or the medical superintendent of the mental hospital, as the case may be, is of the opinion that insanity exists and has done so for some time previous to the date when the offence was committed, or that there is any history of insanity, his report should embody this opinion.
(Amended L.N. 362 of 1997)

57. Persons ordered to be admitted to a mental hospital under Criminal Procedure Ordinance
Notwithstanding anything contained in section 76 of the Criminal Procedure Ordinance (Cap. 221), the Chief Executive may order that a person found not guilty by reason of insanity be detained in custody in some other manner than is specified in that Ordinance.
(Replaced 34 of 1972 s. 22. Amended 60 of 2000 s. 3) 

58. Temporary transfer for specialist medical treatment of patients concerned in criminal proceedings
The provisions of section 38 shall apply to persons who are detained in a mental hospital under this Part or under the Criminal Procedure Ordinance (Cap. 221).
(Added 40 of 1962 s. 7. Amended 34 of 1972 s. 22)

### Mental Health Ordinance 《精神健康條例》

59. Removal to prison of persons subject to a hospital order
If the Chief Executive is satisfied from the report of a medical superintendent that a person, who was transferred and detained by a hospital order authorizing his detention for a specified period, no longer requires treatment for mental disorder, the Chief Executive may by order direct that the person be transferred to and detained in prison in the custody of the Commissioner of Correctional Services for any period not extending beyond the expiration of the period specified in the hospital order.
(Added 40 of 1962 s. 7. Amended 34 of 1972 s. 22; 46 of 1988 s. 22; 60 of 2000 s. 3)

59A. Mental Health Review Tribunal
(1) There shall be a tribunal known as the “Mental Health Review Tribunal” for the purpose of dealing with applications and references by and in respect of patients under this Ordinance or mentally handicapped persons to whom Part IIIA or IIIB applies, as the case may be, (relevant persons

### Mental Health Ordinance 《精神健康條例》

59B. Applications to the tribunal
(1) An application may be made to the tribunal for the review of the case of any patient liable to be detained in a mental hospital or the Correctional Services Department Psychiatric Centre; but nothing in this section shall apply to any person who is serving a sentence of imprisonment in pursuance of the order of any court during the period within which he is liable to be detained in pursuance of that sentence other than a person detained at the discretion of the Chief Executive. (Amended 81 of 1997 s. 45; 60 of 2000 s. 3)
(2) An application may be made to the tribunal for the review of any case of—
(a) a patient permitted to be absent on trial under section 39;
(b) a conditionally discharged patient within the meaning of section 42B;
(c) a person admitted to guardianship under Part IIIA; (Replaced 81 of 1997 s. 45)
(d) a supervised person within the meaning of Part IIIB. (Added 81 of 1997 s. 45)
(3) An application under subsection (1) or (2) may be made by—
(a) the person to whom those subsections apply; or (Replaced 81 of 1997 s. 45)
(b) his relative,

and, subject to subsection (5) and to any rules made under section 59G, may be made at any time.
(4) An application under subsection (1) or (2) may be brought for the purpose of reviewing any direction or decision of a medical superintendent under this Ordinance and, when so brought, shall specify the grounds for applying for the review.
(5) Except with the leave of the tribunal, no application may be made under subsection (1) or (2)—
(a) by a patient liable to be detained under a hospital order or transfer order, within a period of 12 months after he is first liable to be so detained; or
(b) within 12 months of the determination of a previous review unless it is for the purpose of reviewing any direction or decision of the medical superintendent under this Ordinance which could not have been considered at the previous review.