[Rev. 2012]
Prisons
CAP. 90
(2) Where any prisoner removed to a mental hospital under subsection (1) of
this section is, in the opinion of the person in charge of such mental hospital, no
longer of unsound mind, the person in charge as aforesaid shall notify the officer in
charge of the prison from which the prisoner was removed, and the prisoner shall
then be delivered into the custody of the officer in charge of that prison if still liable
to be confined in prison, and if not so liable, shall be released.
(3) Upon the expiration of the term of imprisonment to which he has been
sentenced, the provisions of section 30 of the Mental (Treatment) Act (Cap. 248)
shall apply to any prisoner detained in a mental hospital under this section as if he
were detained in accordance with a reception order made under Part VI of that Act.
(4) The period during which the prisoner has been detained in a mental hospital
under this section shall be reckoned as part of his term of imprisonment.
39. Removal of sick prisoners to hospital
(1) In the case of the illness of a prisoner detained in a prison in which there is
not suitable accommodation for such prisoner, the officer in charge, on the advice of
the medical officer, may order his removal to a hospital, and in case of emergency
such removal may be ordered by the officer in charge without the advice of the
medical officer.
(2) Any prisoner who shall have been removed to a hospital under the
provisions of this section shall be deemed to be under detention in the prison from
which he was so removed.
(3) Whenever the medical officer in charge of a hospital considers that the
health of a prisoner removed to that hospital under this section no longer requires
his detention therein, he shall notify the officer in charge of the prison from which
the prisoner was removed and the officer in charge of that prison shall thereupon
cause such prisoner to be returned to the prison if he is still liable to be confined
therein.
(4) Every reasonable precaution shall be taken by the medical officer in charge
of a hospital and the persons employed therein to prevent the escape of any
prisoner who may at any time be under treatment therein, and it shall be lawful for
such officer and person to take such measures for the preventing of the escape of
any such prisoner as may be necessary:
Provided that nothing shall be done under the authority of this section which, in
the opinion of the medical officer in charge of such hospital, is likely to be prejudicial
to the health of such prisoner.
(5) The period during which the prisoner has been detained in a hospital under
this section shall be reckoned as part of his term of imprisonment.
40. Measures for further security of prisoners in hospital
Where in any case from the gravity of the offence for which any prisoner may
be in detention or for any other reason the officer in charge considers it desirable
to take special measures for the security of such prisoner while under treatment
in hospital, it shall be lawful for him to give such prisoner into the charge of fit and
proper persons, not being less than two in number, one of whom shall always be
with such prisoner day and night, and such persons shall be vested with full
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