ASYLUMS ORDINANCE, 1906

ASYLUMS ORDINANCE, 1906

No. 6 of 1906.
To prov ide for the establishment of Asylums for the detention,
custody and care of persons of Unsound Mund, and others.
[22nd Tune, 1906.]

1. The Asylums Ordinance, 1906.

2. In this Ordinance, ---asylum--- ineans any institution or place
which the Governor may declare to be an asylum for the detention,
custody, and care of persons of unsound mind.

3. For the purposes of this Ordinance every 1)erson shall be
deemed to be of unsound mind who is so far deranged in mind as
to render it either necessary or expedient that such person, either
for his own sake or in the public interests, should be placed and
kept under control.

[S
L_ . 4, rep. No. 12 of 1912.]

5. The Governor may declare that certain institutions or places
shall be asylums for the detention, custody and care of persons of
unsound mind, and the Governor-in-Council may make regulations
for the management and conduct of asylums.

6. The Governor may appoint fit and proper persons to be visitors
of any such asylums. Such visitors shall be at liberty to enter any

As amended by No. 5 of 1907, l~-~,o. 12 of 1912 and No. 13 of 1912
As amended by No. 50 -of 1911 and -No. 43 of 1912 Supp. Sched.
As amended by No. 50 of 1911 and No. 12 of 1912.
As amended by.No. 12 of 1912.





such asylum at all tinies and make such enquiry or examination
therein as may be deemed necessary and shall make such reports to
the Colonial Secrehiry as inav be required by order of the Governor.

7. Any medical practitioner, or officer of police or any private
person, having reason. to believe that a person is of unsound mind
inay on the written order of any Magistrate or Justice of the Peace
cause such person to be conveyed usinor such force as may be
necessary, to an asylum.

8. It shall be lawful for anY rnedical practitioner in charge of any,
asyluin to detain under observation for 7 days any person taken to
such asylum under the provisions of section 7 or section 11.

9. If before the expiration of the said 7 days, two medical
practitioners shall be of opinion that the person detained under
observation is in fact a person of unsound mind, they shall each
sign a certificate in form A in Ithe schedule and forward it to
a Magistrate who shall countersign it if it shall appear to hirn that
stich person is of unsound mind.

Every such certificate when so countersigned shall constitute a
valid order of such Magistrate for the. detention in an asylum of the
person named therein as being of unsound mind. Thereupon he
inav be detained m anv asvIum until released by order of the
Governor or until discharged upon the authority of the medical
practitioner in charge of such asylum, or until lie be otherwise
released in due course of lasy : Provided that the certificate
required by this section shall not be countersigned by such 'Magis-
trate unless it be established to his satisfaction that neither of the
medical practitioners signing such certificate is the husband or wife
or a near relative, or a partner, or an assistant, of the person to
whoni it refers.

10. In the event of two medical practitioners certifying in form
B in the schedule that it is necessary to detain a person in
an asyluni for purposes of observation for a longer period than 7
days but not exceeding 14 days in all, such certificate shall
be forwarded to a Magistrate and be countersigi~ed by him if he

As amended by No. 51 of 1911.
As amended 1~ v No. 12 of 1912.
As amended b ' v \o. 50 of 1911. No. 13 of 1912 and No. 21 of 1912.
As amended by No. 50 of 191,1, No. 12 of 1912, No. 13 of 1912 and
No. 21 of 1912.





be satisfied that it is necessary that such person be so detained,
whereupon he rnay be detained for a further period of 7 days. If
before the expiration of the said second period of 7 days two medical
practitioners shall be of opinion that the person detained under
observation is in fact of unsound mind, the procedure laid down in
section 9 shall be followed.

11.Any person taken to the Government civil Hospital suffering
from delirium tremens, or developing delirium tremens while in
such Hospital may, if thesuperimtendent considers it to be neces-
sary or desirable, be removed to an asylum and be there detained
under the provisions of this Ordinance relating to detention for
observation.

12. Nothing in this Ordinance shall prevent a medical practitioner
on charge of an asylum from delivering any person detained therein
under the provisions of this Ordinacce to the care of any party or
parties to whom in him opinion it is expeient to deliver such peerson.

13. Every order of a Magistrate made under section 9. 10 or 16
shall be subject to an appeal by or on behalf of the person ordered
to be detained thereunder to a Judge sitting in Court or in Cham-
bers

14. No action shall be brought against any Medical practitioner

or officer of police or against any person whomsoever for anYthing
done in good faith and with reasonable cause in pursuance of the
powers conferred by this Ordinance.

15. If any person be ordered by the Supreme Court to be detained
as an insane person during the king's pleasure, or if any person
under imprisonment in any pface of confinement shall become of
unsound mind, the Governor may by warrant under his hand direct
that such person be removed to any asylum narned in such warrant
there to be detained during the King's pleasure or until the
expiration of the sentence under which such person shall have been
imprisoned. If such person shall become of souncl mind before the
explration of his sentence, of which the period of his detention in
such asylum shall be reckoned as part, the Governor shall there-
upon by warrant under his hand direct such person to be removed

As amended by No. 13 of 1912.
As amended by No. 12 of 1912 and No. 13 of 1912.
As amen(ttd by No. 51 of 1911.





back to the place of confinement from which he shall have been
taken, or shall give such other order thereon as to him shall seem
proper.

16. If at the expiration of the sentence of any-prisoner detained
in an asylum under the preceding section lie is still of unsound
inind such prisoner may on the written order of a 11agistrate be
detained in such asylum until discharged by order of the Governor
or otherwise released lu due course of law.

SCHEDULE.

FORM A.

_We'
lhat

Cerlificatc of Medical Practitoncers, under section 9.
alld (medical practitioners) hereby certify
at present detained for observation under tile
authority of the Asylums Ordinance, 1906, is in our opinion a person of unsound mind.

The facts observed by me indicating that the said
as follows :-
(Here state facts.)

Dated the day. of 191 .
The fact~ observed by me indicating that the said
tire as follo~ S : -
(Here state facts.)

Dated the day of

Countersigned.

Dated the day of

We

is of unsound mind are

(Signed)...

(Signed)...

191 .

EW

Folon B.

(Medical Piactitioncr.)

is of unsound mind

(Medical Practitioner )

Certificate ol Medical under section 10.
and (medical practitioners) hereby certify that it
is in our opinion necessary to detain in an asylum for a further period of days'
observation now detained for observation under the authority

As amended by No. 21 of 1912.
of the Asylums Ordinance, 1906.

The reasons which in iny opinion render it necessary to detain the said
for further observation are as follows:-
(Here state reasons.)

(signed)

Dated the day of 191
The reasons which in nly opinion render it to detain the said
for further observation are as follous
(Elcre state reasons.)

(Signed)

Dated the day of
Countersigned.

Dated the day of

191 .

............................ ..........

(MagistTate.)

' 19 .

(Medical Practitioner.)

(Medical Practitioner.)
Short title. Definition of 'asylum'. Definition of 'persons of unsound mind'. Establishment and management of asylums. Visitors of asylums. Who may cause person of unsound mind to be detained. Detention for observation. Procedure where person detained found to be of unsound mind before expiration of period of detention for observation. Medical certificate countersigned by Magistrate to be a valid order for detention in any asylum. Extension of period of detention for observation. Person suffering from delirium tremens may be detained in asylum for observation. Medical practitioners may deliver persons of unsound mind to persons for custody. Appeal. Limitation of action. Prisoner ordered by Supreme Court to be detained during King's pleasure or becoming of unsound mind while under imprisonment may be removed to asylum. Detention of prisoners after expiration of sentence.

Short title. Definition of 'asylum'. Definition of 'persons of unsound mind'. Establishment and management of asylums. Visitors of asylums. Who may cause person of unsound mind to be detained. Detention for observation. Procedure where person detained found to be of unsound mind before expiration of period of detention for observation. Medical certificate countersigned by Magistrate to be a valid order for detention in any asylum. Extension of period of detention for observation. Person suffering from delirium tremens may be detained in asylum for observation. Medical practitioners may deliver persons of unsound mind to persons for custody. Appeal. Limitation of action. Prisoner ordered by Supreme Court to be detained during King's pleasure or becoming of unsound mind while under imprisonment may be removed to asylum. Detention of prisoners after expiration of sentence.

https://oelawhk.lib.hku.hk/items/show/949

1912

v2

136

No. 6 of 1906

5