MENTAL DISEASES [Cap.

559

CHAPTER 559
MENTAL DISEASES
Ordinances AN ORDINANCE TO M A K F FURTHER AND BRTTFR PROVISION R E L A T I N G TO THE CARE AND
Nos. 1 of 1873. CUSTODY OF PERSONS Or- U N S O U N D M I N D A N D T H E I R ESTATES.
3 of 1882,
3 of 1883.
2 of 1889.
13 of 1905.
16 of 1919,
3 of 1940.
13 of 1940.
I1 of 1943.

Acts
Nos. 14 of 1952.
22 of 1955.
27 of 1956.
[9th January. 1873.]

Short title. 1. This Ordinance may be cited as the of unsound mind, it shall adjudicate
Mental Diseases Ordinance, accordingly :

Provided that it shall he lawful for the Further

Application to 2. Any officer of the police force, or court, should it deem it necessary to subject observation.
District Court grama seva niladhari, or any private person
to inquire into the suspected person to further observation,
the state of having reason to believe that a person is of to remand the suspected person once or
mind of unsound mind, may apply in writing to the oftener for such reasonable time as shall be
persons
suspected to be District Court having jurisdiction over the specified in the order of remand to the
of unsoun d place in which such person so suspected is custody of the Fiscal; and
mind.
found, that his state of mind be inquired
Provided further, that it shall be the duty
into. An application by a private person of the court so to remand such person in all
should be accompanied by a certificate from cases where the court considers that the said
a medical practitioner that the person so person is of sound mind but two medical
suspected has been under his observation, practitioners certify to the contrary.
and that he believes him to be of unsound
mind. (3) At the expiration of the time fixed for
the remand the court shall hear evidence
Proceedings 3. (1) The District Court shall and find the said person of sound or of
thereupon by unsound mind as to it shall seem fit, and
the District
thereupon, with as little delay as possible,
shall accordingly either discharge him or
Court. cause such person so suspected to be of
direct his further detention, as in section 5
unsound mind (hereafter called suspected provided.
person) to be brought before it, and, either
then or at some other date for which the (4) All persons so remanded shall be kept Places of
remand for
court may see reason to adjourn the inquiry, in such place as the Minister shall appoint, further
proceed to view and examine the said and shall be subject to the inspection of observation.
person, and, if need be, to hear evidence, to such persons as the Minister shall nominate.
enable it to determine as to the state of
4. (1) Where a District Court, holding Continuation
mind of the said person. of inquiry after
an inquiry under section 3 into the state of
remand of a
mind of a suspected person, deems it suspected
(2) If upon such view and examination,
necessary to subject such person to further person.
or other proof, the District Court shall observation, and no house of observation
be satisfied that such person is or is not within the jurisdiction of the court has been

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appointed by the Minister under that (4) Where the examining court, after
section, the court (hereinafter referred to as inquiry continued under this section,
the original court) shall— adjudges the suspected person to be of
unsound mind, the court shall direct the
(a) before remanding the suspected further detention of such person until an
person for further observation, hear order under section 5 is made in respect of
all such evidence as may at the time that person by the original court, and
be available as to the state of mind shall forthwith return the record of the
of such person; and inquiry to the original court to enable that
court to make such order.
(b) after remanding the suspected
person, transmit the record of the (5) Where the examining court, after
inquiry to the District Court inquiry continued under this section,
(hereinafter referred to as the adjudges the suspected person to be of
examining court) having sound mind, that court shall make order
jurisdiction over the place where the discharging such person.
house of observation in which such
person will be kept is situated. Where any person so discharged does not
have the necessary means to enable him to
(2) The examining court, on the return to his home or other place of
expiration of the time fixed for the residence, the court shall make order
remand— directing such person to be conveyed by
Government to his home or other place of
(a) shall continue the inquiry and hear residence or allowed such reasonable batta
evidence relating to the further or sum for his travelling expenses thereto as
observation to which the suspected shall be approved by the Minister by any
person was subjected, and may for rule or order to be issued for that purpose.
the purposes of such inquiry further Any order made under this subsection may
remand such person once or oftener contain such further directions as the court
for similar observation ; and may consider necessary to secure the safe
return of the discharged person to his home
(b) shall, after consideration of all the or other place of residence, and the Fiscal
evidence recorded at all stages of shall give effect to such order.
the inquiry, adjudicate on the
question whether the suspected (6) Any adjudication on the question
person is of sound or of unsound whether the suspected person is of sound or
mind. unsound mind, and any order for the
further detention or the discharge of the
(3) After the expiration of the time fixed suspected person, made by the examining
for the remand, the inquiry into the state of court under this section, shall be deemed for
mind of the suspected person shall not be all purposes to be an adjudication or an
continued, whether by the original court order, as the case may be, made by the
under section 3 or by the examining court original court, and shall have effect
under this section, except in the presence of accordingly.
such person:
5. (1) tf any fit relative or friend is If no relative
Provided, however, that where the state prepared to undertake to enter into or friend will
undertake
of health or the behaviour of such person is sufficient security for the proper custody, custody of such
such as to render either his presence or his care, and maintenance of the person person, he shall
participation in the proceedings in a court- adjudged to be of unsound mind, it shall be be sent to a
mental
house undesirable, the District Court by lawful for the court to order that the person hospital.
which the inquiry is continued may either so adjudged should be placed in his charge
dispense with the presence of such person at and under his control. But if not fit relative
the inquiry or continue the inquiry at the or friend will undertake as aforesaid, the
house of observation where such person is District Court shall order that such person
kept. be kept in custody u n t i l the Minister's

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 MENTAL DISEASES [Cap.559
pleasure shall be known; whereupon the as for the removal of such person within
Minister may issue his order to order the fourteen days after due notice given in
removal of such person to a mental hospital, writing by the Superintendent of such
and may give such further order for the safe mental hospital to the said relative or friend
custody of such person in such place or of such person, or at his last place of abode ;
manner as to the Minister shall seem fit: and in default of any of the conditions of
the said bond being duly performed, the
Provided that it shall be lawful for any amount due under such bond shall be
relative or friend who shall have undertaken deemed a debt to the State, and shall be
to enter into security as aforesaid, or who recoverable as other debts due to the State.
shall have entered into such security, to
surrender such person to the court, 7. ( 1 ) In any case where it appears to Emergency
whereupon it shall be the duty of the court be necessary that a person suspected to be orders.
to order that such person be kept in custody of unsound mind should, either for his own
until the Minister's pleasure shall be known. sake or that of the public, be forthwith
placed under observation, an emergency
(2) Until the Minister's order shall be order for the immediate removal of that
received it shall be the duty of the Fiscal to person to a house of observation may be
detain such person in the place appointed by issued by any Justice of the Peace before
the Minister for the reception of persons whom he is produced.
under remand for further observation.
(2) The application for an emergency
order shall—
Minister ma y, 6. It shall be lawful for the Minister
on petition of upon any petition being presented by any
relatives, admit (a) in the case of a suspected person
such persons guardian or relative or friend of any person found wandering at large, be made
(not bei ng of unsound mind, requesting that such by the police officer or grama seva
paupers) into person may be admitted into a mental
mental niladhari by whom he is so found;
hospital. hospital, and offering to enter into security and
for the expenses of his care and
maintenance, to issue his warrant to the (b) in every other case, be made by the
Superintendent of such mental hospital to parent, guardian, spouse, brother,
direct that such person shall, on being sister, or child, of the suspected
brought to such mental hospital, be person:
examined by two medical practitioners
named in such warrant, and upon their Provided, however, that where a
granting a certificate of such person being of suspected person has no parent,
unsound mind, that he shall be thereupon guardian, spouse, brother, sister,
admitted into the mental hospital, to be or c h i l d , a b l e to m a k e s u c h
therein taken care of and maintained until application, it may be made by any
his recovery, or until application be made other relative or by a friend or a
for his discharge by any relative or friend, as person living with the suspected
hereinafter provided, or failure of payment person.
of the rate hereinafter required :
(3) Every application for an emergency
order shall be supported by the sworn
Bond to pay Provided always that a bond with such
the daily testimony or affidavit of the applicant
security as the Minister shall require,
allowance or stating—
rate, and previous to the admission of any such
contingent person, be given by his relative or friend for (a) that the applicant has personally
expense of the due payment of such daily rate or
such person. seen the suspected person within the
allowance as may be fixed and declared forty-eight hours immediately
payable by the general regulations of such preceding the time at which the
mental hospital, on the reception therein of application is made,
such person, together with all other
expenses contingent upon the maintenance (b) that such person appears to be of
and care of such person during his unsound mind, and is violent or
continuance in such mental hospital, as well uncontrollable, and

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Cap.559] MENTAL DISEASES
(c) that the immediate removal of such into that house of observation on an
person to a house of observation is emergency order any person whose
necessary either for his own sake or admission or detention appears to him to
that of the public. be i n a d v i s a b l e or unnecessary, or from
discharging at any time before the
(4) The Justice of the Peace to whom an commencement of the inquiry under section
application for an emergency order is made, 3 any person admitted on an emergency
shall, before he issues the order, satisfy order.
himself by questioning or observing the
suspected person or by such other inquiry as (ii) Where any person admitted on an
he may deem necessary, and shall set out in emergency order is discharged under
the order that he is satisfied— paragraph (i) of this subsection, it shall be
the duty of the Superintendent to give
(a) that there is reasonable cause for within twenty-four hours information of the
suspecting that person to be of discharge to the District Court mentioned in
unsound mind, subsection (6).

(b) that that person is violent or 8. (1) When application at any time by Relatives may
uncontrollable, and any guardian or relative or friend of a take persons
confined in
person of unsound mind confined in any mental hospital
(c) that the immediate removal of that mental hospital, or in the custody of the under their
person to a house of observation is Fiscal for the purpose of being transferred own care.
necessary either for his own sake or to a mental hospital (not being under any
that of the public. criminal warrant) shall be made to the
Minister, requesting that such person may
(5) Every emergency order issued under be delivered over to the care and
this section shall specify the house of maintenance of such relative or friend, it
observation to which the suspected person is shall be lawful for the Minister, if he shall
to be removed, and shall be sufficient see fit to do so, and upon such reasonable
authority for the Superintendent of that security as may be required being given by
house of observation to admit the suspected such guardian or relative or friend to take
person to that house of observation and to care of and maintain such person, to direct
detain him therein for a period not the immediate discharge of such person.
exceeding two weeks.
(2) Upon the recovery of any person Discharge on
(6) The Superintendent of a house of confined in a mental hospital (not being recovery.
observation shall, w i t h i n twenty-four hours under any criminal warrant) and such
of the admission of a suspected person into recovery being certified by the medical
that house of observation on an emergency officer in charge of such mental hospital, he
order, give information of the admission to shall be discharged by order of the
the District Court having jurisdiction over Superintendent of such hospital; and in all
the place where the house of observation is cases where any such person shall have been
situated, and apply for an inquiry into the removed under the provisions of this
state of mind of the suspected person. Ordinance to any"mental hospital out of the
district to which he belongs, such person
(7) The provisions of sections 3 and 4
shall, if he does not have the necessary
shall apply to all proceedings upon an
means to enable him to return to his home
application made under subsection (6), and
or other place of residence upon being
the discharge or the further detention of the
discharged from such mental hospital upon
suspected person shall be in accordance with
such order as may be made by the court his recovery, be conveyed back by
under those sections. Government to his home or other place of
residence, or be allowed such reasonable
(8) (i) Nothing in this section shall be batta or sum for his travelling expenses
deemed to prohibit the Superintendent of a thereto as shall be approved by the
house of observation from refusing to admit Superintendent of such hospital.

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 MENTAL DISEASES [Cao. 559
Any order of discharge made by the hospital shall be situated. And if the said
Superintendent under this subsection may District Court shall, upon inquiry, be
c o n t a i n s u c h d i r e c t i o n s as t h e satisfied that such person is still of unsound
Superintendent may consider necessary to mind, and that it is necessary to continue to
secure the safe return of the discharged keep him under control, the said District
person to his home or other place of Court may order such person to be detained
residence, and the Fiscal shall give effect to in the mental hospital until discharged
such order. therefrom by order of the Minister.

Prisoners 9. (1) If any person under 11. (1) In all cases where a person of Inquiry as to
under sentence imprisonment in any jail shall become of unsound mind is kept in custody and property and
in jail on circumstances
becoming of unsound mind, and a report shall be made removed to a mental hospital under section in cases whe re
unsound mind to the Minister in charge of the subject of 5, the Superintendent of that hospital shall no security is
to be removed Justice by the Fiscal of the District Court forward forthwith the name of the person, given.
to mental
hospital. within whose jurisdiction the said jail is and such other particulars as may be
situated, with a certificate of the medical available, to the Government Agent of the
officer thereof, that such person is of administrative district or each of the
unsound mind, it shall be lawful for the administrative districts in which that person
Minister in charge of the subject of Justice previously resided or was found wandering.
to direct by warrant under his hand that
such person shall be removed to the mental (2) The Government Agent or Agents
hospital named in such warrant, to be there shall thereupon cause investigations to be
detained until the expiration of the sentence made and shall report to the District Court,
u n d e r which such person may have by which the person was ordered to be kept
been imprisoned. in custody, whether that person is possessed
of any property which can be applied for his
If they recover (2) If any person shall become of sound maintenance, or whether there is any
before mind before the expiration of his sentence, relative or guardian who is able and legally
expiration of
sentence, they of which the period of his detention in such bound to maintain that person.
shall be mental hospital shall be reckoned as part,
removed to the Minister in charge of the subject of (3) On receipt of the report or reports
jail.
Justice shall thereupon issue his warrant to made under subsection (2), the District
the Superintendent of the mental hospital, Court shall hold an inquiry as to the
directing that such person shall be removed property or such other circumstances of that
back from thence to the jail or other place person as may be referred to or set out in
of confinement from whence he shall have the report or reports.
been taken, or shall give such other orders
thereon as to the Minister in charge of the 12. (1) If at the inquiry held under Maintenance
subject of Justice shall seem fit. And the section 11, the District Court is satisfied of persons in
custody out of
Fiscal from whose custody any person shall that the person kept in custody in the their o wn
be removed to such mental hospital shall, at mental hospital is possessed of property property,
the time of delivering over such person, sufficient in value and capable of being
furnish the Superintendent of such mental applied for his maintenance, the court
hospital with a copy of the sentence under shall—
which such person shall have been
imprisoned. (a) appoint a manager of the estate of
such person or direct that the
Further 10. The Superintendent of any mental property be realized and dealt with,
proceeding at hospital to which any person shall have as provided in section 567 or
expiration of
sentence, if the been removed under the provisions of the section 577 of the Civil Procedure
person shall preceding clause, and who shall not have Code, as the case may be ; and
not have recovered, shall, at least fourteen days
recovered.
before the expiration of the sentence under (b) order such portion of the property
which such person shall have been to be a p p r o p r i a t e d f o r t h e
imprisoned, report the same to the District maintenance and care of that
Court of the district in which such mental p e r s o n , as may be necessary

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Cap.559] MENTAL DISEASES
according to the allowance or rate required to visit such mental hospital at
fixed and declared to be payable least once in every month, unless prevented
under the general regulations made by illness or other sufficient cause, and from
by the Minister for that mental time to time, to make such reports to the
hospital; Director of Health Services as may be
required by order of the Minister.
and the manager so appointed or, as the
case may be, the person to whom any (3) Any Superintendent or keeper of Penalty for
money or the proceeds of any property such mental hospital or other person, who refusing
realized under the order of the court has admittance to
shall at any time refuse admittance to any Visitors, or
been paid, shall thereafter be responsible for such Visitor or offer to him any hindrance obstructing
the payment, at the rate specified in the or obstruction, shall be guilty of an offence, them.
order of the court, of the expenses of the and be liable to a fine not exceeding fifty
maintenance and care of that person while rupees.
he is kept in custody in the mental hospital.
15. It shall be lawful for the Minister, to Minister to
or by persons (2) Where the District Court is satisfied make, from time to time, such regulations as make
able and legally that the person kept in custody in the regulations for
bound to to him shall seem expedient for the conduct and
support them. mental hospital is not possessed of any management and conduct of any mental management of
property but that there is a relative or hospital established in Sri Lanka, and of the mental
guardian able and legally bound to maintain hospitals.
officers and Visitors thereof.
that person, the court shall call upon such
relative or guardian to show cause why he 16. (1) If any person detained in a Person
should not be ordered to pay the whole or mental hospital under the provisions of this escaping from
any reasonable part of the expenses of the mental hospital
Ordinance, and not being an insane may be
maintenance and care of that person, and if criminal, escapes, he may be retaken at any retaken by
sufficient cause is not shown, the court may time within fourteen days of his escape by Superintendent
make order accordingly ; and every order so within fourteen
the Superintendent of the mental hospital, days.
made shall, upon the application of the or by any officer or servant thereof, or by
Superintendent of the mental hospital, be anyone authorized in writing by such
enforced in accordance with the provisions Superintendent, and conveyed to, received,
of section 8 of the Maintenance Ordinance, and detained in such mental hospital.
by any Family Court* having jurisdiction
over the place of residence for the time (2) In the case of the escape of an insane
being of the relative or guardian bound by criminal, the provisions of the last preceding
the order. subsection shall apply without any
limitation as to time.
Proceedings 13. No stamp duty shall attach or be
exempt from payable for any application, process, or 17. In any case in which a person Person
stamp duty. detained in a mental hospital, and not being escaping from
other document filed in court under the mental
provisions of this Ordinance. an insane criminal, has escaped, and is not hospital, not
taken within the period of fourteen days being an insane
prescribed by section 16, the Superintendent criminal, may
Appointment 14. (1) It shall be lawful for the be retaken
of Visitors. of such mental hospital may apply to the after fourteen
Minister to nominate and appoint one or
District Judge within the limits of whose days with
more fit and proper persons to be Visitors authority of
jurisdiction such mental hospital is situated,
of any mental hospital, and any Visitor so for authority to retake such person. If the
District Judge.
appointed to remove and to appoint another District Judge to whom such application is
in his stead. made shall, after making such inquiry, if
any, as he may deem necessary, grant such
Duties of (2) Every Visitor so appointed shall be authority, such Superintendent or anyone
Visitors. at liberty to enter at all times any such authorized in writing by him may retake
mental hospital and to make such inquiries such person, and such person may be
or examination therein as to him shall conveyed to, received, and detained in the
appear necessary; and Visitors are hereby mental hospital.
* The jurisdiction of the Family Court in maintenance matters has since been removed from such Court by the
Judicature (Amendment) Act, No. 71 of 1981, and revested in the Magistrates' Courts.

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 MENTAL DISEASES [Cap.559
Absence on 18. (1) The Minister in charge of the (d) of the Inspector-General of Police;
trial. s u b j e c t of J u s t i c e m a y , on t h e or
r e c o m m e n d a - t i o n in writing of the
Superintendent of a mental hospital, permit, (e) of the Director of Health Services;
by order, any person detained in a mental or
hospital, and not being an insane criminal,
to be absent on trial for a period to be
named in such order. (f) of the Commissioner of Prisons; or

(2) If at any time within the period (g) of any medical practitioner who shall
mentioned in such order it appears to such have certified or testified to the
Superintendent that the further detention of state of mind of the person
such person in the mental hospital is suspected or adjudged to be of
necessary, such Superintendent, or any unsound mind.
person authorized by him in writing, may
take such person, and such person may 21. The time for, the rules of, and the Appeal to
thereupon be conveyed to, received, and practice relating to the filing and forwarding follow rules for
detained in the mental hospital. appeals from
of an appeal from an interlocutory order of interlocutory
the District Court shall apply to appeals orders.
(3) (a) At the expiration of the period prosecuted under this Ordinance.
mentioned in any such order, such person
shall, unless he has been received into the
22. The Court of Appeal shall take Duty of Court
mental hospital under the provisions of the of Appeal and
cognizance of such appeal and deal with the
last preceding subsection, return to the District Court
same as an appeal from an interlocutory in case of
mental hospital, and the Superintendent appeal.
order of the District Court, and make such
shall examine him, and may thereupon
either direct his further detention in the order thereon as to the Court of Appeal
mental hospital, or order him to be shall seem fit. And it shall be the duty of the
discharged. District Court to conform to and execute
such order,
(b) If such person does not return to the
mental hospital at the expiration of the 23. (1) Any person of the age of not Power to
period for which he was allowed to be less than sixteen years who is desirous of receive
voluntary
absent on trial, he may at any time within voluntarily submitting himself to treatment patients in
fourteen days of the expiration of the period for mental illness may, if he makes a written mental
of trial be retaken, as in the case of an hospitals.
application for the purpose to the
escape. Superintendent of any mental hospital, be
received as a voluntary patient in that
Right of appeal 19. Every order made by a District hospital.
from order of Court under the provisions of this
District Court.
Ordinance shall be subject to an appeal to (2) Any person under the age of sixteen
the Court of Appeal. years whose parent or guardian is desirous
of submitting him to treatment for mental
Who may 20. Such appeal may be prosecuted by illness may, if the parent or guardian makes
prosecute or at the instance—
appeal. a written application for the purpose
accompanied by a medical recommendation
(a) of the person suspected or adjudged to the Superintendent of any mental
to be of unsound mind ; or hospital, be received as a voluntary patient
in that hospital.
(b) of any relative or friend of the
person suspected or adjudged to be (3) The medical r e c o m m e n d a t i o n
of unsound mind ; or referred to in subsection (2) shall—

(c) of the Attorney-General or of any (a) be signed by a medical practitioner;

State Counsel; or and ,

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Cap.559] MENTAL DISEASES
(b) state the qualifications of such 27. (1) Where a person received as a Discharge of
practitioner, the date or dates on voluntary patient in a mental hospital voluntary
patients fr om
which he examined the person to becomes at a n y t i m e i n c a p a b l e of mental
whom the recommendation relates, expressing himself as willing or unwilling to hospitals.
and that such person is likely to be continue to receive treatment, such person—
benefited by being received as a
v o l u n t a r y patient for treatment in a (a) shall not thereafter be retained as a
mental hospital. voluntary patient in that hospital
for a longer period than twenty-
(4) A medical recommendation from a eight days, and
medical practitioner shall cease to have
effect for the purposes of this section on the
(b) shall, if he has not been previously
expiration of fourteen days after the last
discharged, be discharged from that
date on which the person to whom the
recommendation relates was examined by hospital upon the expiration of a
such practitioner for the purpose of making period of twenty-eight days from
the recommendation. the date on w h i c h he became
incapable of so expressing himself
Voluntary 24. Any person received as a voluntary unless in the meantime he has again
patient may patient in a mental hospital may leave that become capable of so expressing
leave mental himself, or steps have been taken to
hospital upon hospital upon giving to the Superintendent
giving notice of of that hospital seventy-two hours' notice in deal with such person under this
intention to do writing of his intention to do so, or, if he is Ordinance either as a person of
so. under the age of sixteen years, upon such unsound mind or as a person
notice being given by his parent or suffering from mental illness who is
guardian. likely to benefit by temporary
treatment in a mental hospital.
Notice to the 25. (1) Where any person is received as
Director of a voluntary patient in any mental hospital,
Health Services
(2) Where the Superintendent of any
of the notice of his reception shall, before the mental hospital is of opinion that the mental
reception, expiration of the second day after the day state of a person received as a voluntary
death and on which he was so received, be sent to the patient in that hospital is such as to render
departure of Director of Health Services by the
voluntary it unnecessary for that person to remain as a
patients. Superintendent of that hospital. voluntary patient in that hospital, the
Superintendent may discharge that person
(2) Where any person received as a
from that hospital.
voluntary patient in any mental hospital
leaves that hospital or dies therein, notice of
the departure or death shall, before the (3) Where the Superintendent of any
expiration of the second day after the date mental hospital is of the opinion that the
of the departure or death, be sent to the mental state of a person received as a
Director of Health Services by the voluntary patient in that hospital is such as
Superintendent of that hospital. to render that person unfit to remain as a
voluntary patient in that hospital, the
Reports 26. Where a person who is under the age Superintendent may either discharge that
from the of sixteen years and who has been received person from that hospital or take steps to
Superintendent deal with that person under this Ordinance
of a mental as a voluntary patient in any mental
hos pital on hospital ceases to have any parent or either as a person of unsound mind or as a
voluntary guardian, or if his parents or guardians are person suffering from mental illness who is
patients under incapable of performing, or refuse or likely to benefit by temporary treatment in a
the age of
sixteen years. persistently neglect to perform, their duty as mental hospital.
such, the Superintendent of that hospital
shall send to the Director of Health Services 28. (1) Subject to the other provisions Power to
a report as to the circumstances of the case of this section, a person who is suffering receive
temporary
and the condition of the patient, and the from mental illness and is likely to benefit patients in
Director of Health Services shall forthwith by temporary treatment in a mental hospital mental
consider the report and give such directions but is for the time being incapable of hospitals.
with respect to the case as he thinks fit. expressing himself as willing or unwilling to

XVII/250
 MENTAL DISEASES [Cap.559
receive such treatment may, on a written (b) shall cease 'to have effect on the
application made under this section, be expiration of fourteen days after the
received as a temporary patient in any date on which such person was
mental hospital for the purpose of examined by such practitioners, or
treatment. if he was examined by such
practitioners on two different dates,
(2) An application to receive a person as on the expiration of fourteen days
a temporary patient in any mental hospital after the latter of those dates.
for the purpose of treatment—
29. (1) Where any person is received as Notice to the
(a) shall be in the form set out in the a temporary patient in any mental hospital, Director of
Health Services
Schedule; notice of his reception shall, before the of the
expiration of the second day after the date reception,
(b) shall be made to the Superintendent on which he was so received, be sent to death and
departure of
of that hospital; the Director of Health Services by the temporary
Superintendent of that hospital. patients.
(c) shall, if possible, be made by the
spouse or a relative of such person, (2) Where any person received as a
or, on the request of such spouse or temporary patient in any mental hospital
relative, by any other person, and, leaves that hospital or dies therein, notice of
if the application is not so made, the departure or death shall, before the
shall contain a statement of the expiration of the second day after the date
reasons why it is not so made. of of the departure or death, be sent to the
the connection of the applicant with Director of Health Services by the
s u c h p e r s o n a n d of t h e Superintendent of that hospital.
c i r c u m s t a n c e s in w h i c h the
applicant makes the application; 30. (1) Subject to the other provisions Detention and
and of this section, a person received as a discharge of
temporary
temporary patient in any mental hospital patients.
(d) shall be accompanied by a may be detained in that hospital for a
recommendation by each of two period not exceeding one year but shall not
medical practitioners in the form set be detained as such for any longer period.
out in the Schedule.
(2) Where any person received as a
(3) Each of the medical practitioners by temporary patient in any mental hospital
whom a recommendation under this section becomes capable of expressing himself as
is to be made shall, before signing the willing or unwilling to continue to receive
recommendation, examine the person to treatment, he shall not thereafter be
whom the recommendation relates either detained in that hospital as a temporary
separately or in conjunction with the other patient for more than twenty-eight days
and shall specify in the recommendation the unless in the meantime he has again become
incapable of so expressing himself.
date on which he so examined such person
and the grounds on which he bases his
(3) Where it is anticipated that a person
recommendation.
who is undergoing treatment as a temporary
patient in. any mental hospital will not
(4) A recommendation made by two recover within a period of one year but his
medical practitioners under this section in early recovery appears reasonably probable,
respect of any person— he may, upon application made on his
behalf in accordance with subsection (4), be
(a) shall be of no effect for the purposes detained in that hospital as a temporary
of this section if there is a greater patient beyond one year for such period not
interval than five days between the exceeding three months, or for such periods
dates on which such person was not exceeding six months in the aggregate,
examined by such practitioners as may be determined by the Superintendent
respectively, and of that hospital.

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Cap.559] MENTAL DISEASES
(4) An application under subsection (3) 33. For the purposes of this Interpretation.
in respect of any person shall, if possible, be Ordinance—
made by the spouse or a relative of such
person, or, on the request of such spouse or
(a) every person shall be deemed to be
relative, by any other person, and, if the
of unsound mind who is so far
application is not so made, it shall contain a
deranged in mind as to render it
statement of the reason why it is not so
necessary that he, either for his own
made, of the connection of the applicant
sake or that of the public, should be
with such person and of the circumstances
placed under control; and
in which he makes the application.

(b) " house of observation" means a

(5) Where the Superintendent of any
building or part of a building
mental hospital is of opinion that the mental
appointed by the Minister under
state of any person received as a temporary
section 3 as a place for the
patient in that hospital is such as to render
observation of the behaviour of
it unnecessary for such person to remain as
persons suspected to be of unsound
a temporary patient in that hospital, the
mind;
Superintendent may discharge such person
from that hospital.
" medical officer" means a medical
(6) Where the Superintendent of any practitioner who is an officer of the
mental hospital is of opinion that the mental Department of Health;
state of any person received as a temporary
patient in that hospital is such as to render " medical practitioner" means a person
that person unfit to remain as a temporary registered as a medical practitioner
patient in that hospital, the Superintendent under the Medical Ordinance.
may either discharge that person from that
hospital or take steps to deal with that
(c) " insane criminal" means any of the
person under this Ordinance as a person of
following persons:—
unsound mind.

(i) any person who is confined or

Power of the 31. The Director of Health Services may
Director of continued in confinement in a
Health Services
at any time order—
mental hospital under the
to order
discharge, &c., provisions of section 9 or
of v o l u n t a r y (a) that any person received as a section 10 of this Ordinance;
and tempor ary voluntary patient, or a temporary and
patients.
patient, in any mental hospital shall
be discharged from that hospital, or
(ii) any person who is ordered to
be confined in a mental
(b) that steps shall be taken to deal with
hospital under the provisions
such patient under this Ordinance
of section 376 (2) or section
as a person of unsound mind,
381 of the Code of Criminal
Procedure Act.
and it shall be the duty of the
Superintendent of that hospital to comply 34. Every reference to a " criminal Substitution of
the expression
with that order. lunatic " in any written law or document "insane
relating to this Ordinance shall be read and criminal " for
construed as a reference to an " insane " criminal
Power to vary, 32. The Minister may, by Order lunatic " in any
&c. forms in published in the Gazette, amend or replace criminal" within the meaning of that written law.
the Schedule . expression as used in this Ordinance.
any of the forms set out in the Schedule.

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 MENTAL DISEASES [Cap.559
[Section 28.] SCHEDULE

FORM OF APPLICATION FOR THE RECEPTION OF A TEMPORARY PATIENT

1. I, . . . . . . . . . . . . hereby request you to receive . . . . . . . . . . . . . . . . . . . . as a temporary

patient into . . . . . . .

2. I am related to the said in the following manner :—

or,

make this application at the request of . . . . . . . . ., who is related to the said . . . . . . . . . . . .

. . . . . . . . . . . . . . in the following manner:—

I am not related to the said . . . . . . . . . . . . . . . . . . . . . . . The reasons why this application is not made by
a relative of the said. . . . . . . . . . . . . . . . . . . . . . and my connection with him. and the circumstances
under which I make this application, are as follows ;

3. Annexed hereto is a recommendation for the temporary treatment of the said . . . . . . . . . . . . . . . . . . . . . .

signed by.............................................................................

Signed .......................

Date .......................

To.................

[Section 28.] FORM OF RECOMMENDATION FOR TEMPORARY TREATMENT

Recommendation for the temporary treatment o f . . . . . . . . . . . . . . . . . . . . . . . of...................

1. I,....................... of . . . . . . . . . . . . . . . . . . . . . . . . hereby declare as follows :—

(a) I am a registered medical practitioner.

(b) I examined the said . . . . . . . . . . . . . . . . . . . . . . . on the . . . . . . . . . . . . . . . . . . . .

day of . . . . . . . . . . . . . . . . . 1 9 . . . . .

(c) *I have formed the following conclusions on the following grounds :—

2. I further declare as follows :—

(a) The said . . . . . . . . . . . . . . . . . . . . . . . . . . —

(i) is suffering from mental illness;

(ii) is likely to benefit by temporary treatment;

(iii) is for the time being incapable of expressing himself as willing or unwilling to receive such
treatment.

(b) It is expedient with a view to the said . . . . . . . . . . . . . . . . . . . . . . . 's recovery that he should be
received into . . . . . . . . . . . . . . . . . . . . . . . . . for a period not exceeding one year.

Signed . . . . . . . . . . . . . . . . . . . . . .

Medical qualifications . . . . . . . . . .

Date ........................

* A person, in specifying the grounds on which his conclusions are based, must carefully distinguish between
statements of fact which are based upon his own observations and statements of fact which are based upon
cominunicalions made to him by others.

XVII/253