Clause 69

by deleting the words “order that person to be kept in safe custody in such place and manner as the court thinks fit and shall report the case for the orders of” in subsection (1) and substituting the words “order that the person concerned (called in this section the subject) be kept in safe custody in a psychiatric institution, a prison or any other suitable place of safe custody, and report the case to”; and

by deleting subsection (2) and substituting the following subsections:“(2) During the period that the subject is kept in safe custody under subsection (1), a designated medical practitioner must —

keep the subject under observation; and

provide any necessary treatment.(3) Within one month after the date on which the period mentioned in subsection (2) begins, the designated medical practitioner must certify in writing to the Minister the designated medical practitioner’s opinion on the following matters:

whether there is any risk that the subject, if released, may injure himself or any other person;

if there is any such risk —

the extent of that risk;

the conditions (if any) that may be imposed to minimise that risk; and

the extent to which each such condition (if any) will minimise that risk.(4) For the purposes of subsection (3)(b)(ii), the conditions that the designated medical practitioner may certify to be conditions that may be imposed to minimise the risk that the subject, if released, may injure himself or any other person, include the following conditions:

the subject must reside at a place, such as a nursing home for which there is in force a licence issued under the Private Hospitals and Medical Clinics Act (Cap. 248), that is specified by the designated medical practitioner;

the subject must present himself for any medical treatment that is specified by the designated medical practitioner;

the subject must take any medication that is specified by the designated medical practitioner;

a person must supervise the subject’s compliance with any conditions that are imposed on the subject to minimise that risk.(5) The Minister must consider the certification under subsection (3) before deciding which order to make under subsection (6).(6) The Minister may make any of the following orders:

an order that the subject be confined in a psychiatric institution, a prison or any other suitable place of safe custody specified in the Minister’s order, for a period not exceeding 12 months;

an order that the subject be released on the following conditions:

the subject will be properly taken care of;

the subject will be prevented from injuring himself or any other person;

the subject will, when required, appear in court or before any officer that the court appoints for that purpose;

any other conditions that the Minister may impose in any particular case;

an order that the subject be released unconditionally.(7) Where the subject is confined under an order made by the Minister under subsection (6)(a) or by the court under paragraph (b), the total period of confinement of the subject under every such order does not exceed the notional imprisonment period under subsection (8), and the Minister cannot, or does not wish to, order the discharge of the subject under section 256 —

the Minister must, before the expiry of the period of confinement of the subject, apply to the court for an order for the further confinement of the subject —

for care and treatment; or

to minimise the risk that the subject may injure himself or any other person; and

the court may, on an application under paragraph (a), with or without further inquiry at the court’s discretion, order the further confinement of the subject for a period in relation to which the following conditions are satisfied:

the period of the further confinement of the subject must not exceed 12 months;

the total period of confinement of the subject under every order made by the Minister under subsection (6)(a) or by the court under this paragraph does not exceed the notional imprisonment period.(8) For the purposes of subsection (7), the notional imprisonment period —

is the maximum term of imprisonment that may be awarded for the offence mentioned in subsection (1) (or, if there are 2 or more such offences, the most serious of those offences); or

where the offence mentioned in subsection (1) (or, if there are 2 or more such offences, the most serious of those offences) is punishable with death, or with imprisonment for life — is the term of the subject’s natural life.(9) The following apply when the period of confinement of the subject under the sole or last order made by the Minister under subsection (6)(a) or by the court under subsection (7)(b) expires (for example, after the court decides not to make an order under subsection (7)(b) for the further confinement of the subject):

the subject must be produced, as soon as practicable, before a court;

the period, beginning at the time the period of confinement under the order expires and ending at the time the subject is produced before the court, must not exceed 24 hours, exclusive of the time necessary for the journey from the place of confinement to the court;

the court may —

after due inquiry, send the subject to a designated medical practitioner at a psychiatric institution for treatment; or

direct that the subject be released;

where paragraph (c)(i) applies, the subject may be dealt with in accordance with the provisions of the Mental Health (Care and Treatment) Act (Cap. 178A).(10) The Minister —

must not order the release of the subject under subsection (6)(b) unless —

a designated medical practitioner has certified under subsection (3) the designated medical practitioner’s opinion that there is no risk that the subject, if released, may injure himself or any other person; or

after taking into account the extent of any risk that the subject, if released, may injure himself or any other person, the Minister is satisfied that it is not against the public interest to order the release of the subject on the conditions mentioned in subsection (6)(b)(i) to (iv); and

must not order the release of the subject under subsection (6)(c) unless a designated medical practitioner has certified under subsection (3) the designated medical practitioner’s opinion that there is no risk that the subject, if released, may injure himself or any other person.(11) An order of the Minister under subsection (6)(b) may (but need not) specify —

for the purposes of subsection (6)(b)(i), a person by whom the subject will be properly taken care of; or

for the purposes of subsection (6)(b)(ii), a person by whom the subject will be prevented from injuring himself or any other person.(12) For the purposes of subsection (6)(b)(iv), the conditions that the Minister may impose in any particular case, when the Minister makes an order under subsection (6)(b), include the following conditions:

the subject must reside at a place, such as a nursing home for which there is in force a licence issued under the Private Hospitals and Medical Clinics Act, that is specified in the order;

the subject must present himself for any medical treatment that is specified in the order;

the subject must take any medication that is specified in the order;

the subject, or any other person or persons specified in the order, or 2 or more of them, must give sufficient security for compliance with the conditions of the order;

a person specified in the order must supervise the subject’s compliance with any conditions of the order that are imposed on the subject;

the subject must be delivered to the care and custody of a person specified in the order.(13) The Minister may, on the application of any party —

vary any condition mentioned in subsection (6)(b)(i), (ii) and (iii); and

vary, revoke or add to any condition mentioned in subsection (6)(b)(iv).(14) The Minister may, after considering the matters reported under section 253(3) in relation to the subject —

revoke an order under subsection (6)(a) or (b) in relation to the subject; and

make another order under subsection (6)(a) or (b) in relation to the subject.(15) The Minister may also revoke an order under subsection (6)(b), and make another order under subsection (6)(a) or (b) in relation to the subject, if —

the subject fails, without reasonable excuse, to comply with any condition of the order that is imposed on the subject; or

any other person, specified in the order, fails, without reasonable excuse, to comply with any condition of the order that is imposed on that person.”.