MENTAL HEALTH ACT 2001
(1) This Act may be cited as the Mental Health Act 2001 .
(2) This Act comes into operation on such date as the Minister may appoint by notification in the Gazette ; and the Minister may appoint different dates for the coming into operation of this Act, or of different provisions of this Act, in different parts of Malaysia.
The Minister may, by notification in the Gazette , appoint the whole or any part of any premises to be a government psychiatric hospital for the admission, detention, lodging, care, treatment, rehabilitation, control and protection of persons who are mentally disordered.
The Minister may, by notification in the Gazette , appoint the whole or any part of any private psychiatric hospital to be a gazetted private psychiatric hospital for the admission, detention, lodging, care, treatment, rehabilitation, control and protection of involuntary patients under sections 11, 12, 13, 14, 55 and 73.
(1) The Minister shall appoint in respect of every government psychiatric hospital:
(a) a Medical Director who shall be the person in charge; and
(b) a Deputy Medical Director.
(2) Where any part of any premises is appointed as a government psychiatric hospital under section 3, the Minister shall appoint in respect of such part, a Head of Psychiatry who shall be the person in charge.
(3) The person to be appointed under subsection (1) or (2) shall be a medical officer and preferably a psychiatrist.
(1) Without prejudice to the requirement of any other written law, the licensee of every private psychiatric hospital shall appoint:
(a) a Medical Director, who shall be the person in charge; and
(b) a Deputy Medical Director.
(2) The person to be appointed under paragraph (1) (a) or (1) (b) shall be a psychiatrist.
(3) For the purpose of subsection (1), a licensee who is a psychiatrist may appoint himself to be the Medical Director of the private psychiatric hospital in respect of which the licence was issued.
(4) The licensee of a private psychiatric hospital shall notify the Director General as soon as practicable, but in any case not later than fourteen days from the date of the occurrence, of any change in the Medical Director or Deputy Medical Director of the private psychiatric hospital, and the qualifications, training and experience of the new
(1) The licensee and Medical Director of a private psychiatric hospital, including a gazetted private psychiatric hospital, shall comply with the requirements of the Private Healthcare Facilities and Services Act 1998, but if the requirements of that Act are inconsistent with any provision of this Act, the provisions of this Act shall prevail.
(2) The licensee and Medical Director of a gazetted private psychiatric hospital shall comply with such other additional requirements as may be prescribed.
(1) Except as may be otherwise expressly provided in any other written law, no person shall be admitted into a psychiatric hospital otherwise than:
(a) upon the order of a medical officer or registered medical practitioner under section 14;
(b) as a voluntary patient;
(c) upon the order of a medical officer or registered medical practitioner under subsection 9(5) or 14(1) or 14(3);
(d) in accordance with section 10;
(e) by an order of Court under section 55 or 73;
(f) upon the order of the Court or the Public Prosecutor under section 342 of the Criminal Procedure Code [Act 593] or the Yang di-Pertuan Agong or the Ruler or Yang di-Pertua Negeri of a State under section 344 or 348 of the Criminal Procedure Code, or by the order of the relevant authority under corresponding provisions in any other written law; or
(g)
9 PART II ADMISSION, DETENTION, LODGING, CARE, TREATMENT, REHABILITATION, CONTROL AND PROTECTION OF MENTALLY DISORDERED PERSONS IN, AND DISCHARGE OF VOLUNTARY PATIENTS FROM, PSYCHIATRIC HOSPITAL-9. Admission of voluntary patient into psychiatric hospital.
(1) A person may be admitted to a psychiatric hospital as a voluntary patient:
(a) upon his own request; or
(b) in the case of a minor, on an application in his behalf by his guardian to the Medical Director of the psychiatric hospital,
made in such form as may be prescribed.
(2) The Medical Director may refuse to admit a person as a voluntary patient if he is not satisfied that the person is likely to benefit from the care or treatment in the psychiatric hospital as a voluntary patient.
(3) A voluntary patient, or if the voluntary patient is a minor, his guardian, may give notice to the Medical Director requesting the discharge of the voluntary patient from the psychiatric hospital.
(4) Subject to an order made under subsection (5), a voluntary patient whose discharge has been requested under subsection (3) shall not be kept in the psychiatric hospital for mor
10 PART II ADMISSION, DETENTION, LODGING, CARE, TREATMENT, REHABILITATION, CONTROL AND PROTECTION OF MENTALLY DISORDERED PERSONS IN, AND DISCHARGE OF VOLUNTARY PATIENTS FROM, PSYCHIATRIC HOSPITAL-10. Admission of involuntary patient into psychiatric hospital.
(1) A person who is suspected to be mentally disordered may be admitted and detained in a psychiatric hospital upon:
(a) an application made in the prescribed form to the Medical Director by a relative of the person; and
(b) the production of a recommendation in the prescribed form of a medical officer or registered medical practitioner based on a personal examination of the person made not more than five days before the admission of the person that:
(i) the person is suffering from mental disorder of a nature or degree which warrants his admission into a psychiatric hospital for the purposes of assessment or treatment; or
(ii) the person ought to be detained in the interest of his own health or safety or with a view to the protection of other persons.
(2) The application and the recommendation in subsection (1) are sufficient authority for t
11 PART II ADMISSION, DETENTION, LODGING, CARE, TREATMENT, REHABILITATION, CONTROL AND PROTECTION OF MENTALLY DISORDERED PERSONS IN, AND DISCHARGE OF VOLUNTARY PATIENTS FROM, PSYCHIATRIC HOSPITAL-11. Apprehension of mentally disordered person.
(1) Any police officer or social welfare officer may apprehend any person whom he has reason to believe is mentally disordered and is, because of mental disorder, dangerous to himself or to other persons or property.
(2) The police officer or social welfare officer who has apprehended a person under subsection (1) shall as soon as practicable, but not later than twenty-four hours after the apprehension, bring the person to a medical officer in a government psychiatric hospital or a registered medical practitioner in a gazetted private psychiatric hospital for examination.
12 PART II ADMISSION, DETENTION, LODGING, CARE, TREATMENT, REHABILITATION, CONTROL AND PROTECTION OF MENTALLY DISORDERED PERSONS IN, AND DISCHARGE OF VOLUNTARY PATIENTS FROM, PSYCHIATRIC HOSPITAL-12. Procedure in cases of proved ill-treatment of suspected mentally disordered person.
Where a person has been convicted of an offence under Chapter XVI of the Penal Code [Act 574] involving hurt, grievous hurt, wrongful restraint, wrongful confinement, assault or criminal force against any other person, and the Court has reason to suspect that that other person is mentally disordered and is not under proper care and control, the Court may send that person before a medical officer in a government psychiatric hospital or a registered medical practitioner in a gazetted private psychiatric hospital for examination.
13 PART II ADMISSION, DETENTION, LODGING, CARE, TREATMENT, REHABILITATION, CONTROL AND PROTECTION OF MENTALLY DISORDERED PERSONS IN, AND DISCHARGE OF VOLUNTARY PATIENTS FROM, PSYCHIATRIC HOSPITAL-13. Procedure in cases of neglect or cruel treatment of suspected mentally disordered person.
(1) If it appears to a Magistrate, on the report of a police officer or on the information of any person, that a person reasonably suspected of being mentally disordered:
(a) is not under proper care and control; or
(b) is neglected or cruelly treated by any relative or any other person having charge of him,
the Magistrate may send for the person suspected of being mentally disordered and summon the relative or the person who has, or ought to have, charge of him.
(2) Where the Magistrate is satisfied, after due inquiry, that the person summoned under subsection (1) is legally bound to maintain the suspected mentally disordered person, he may make an order requiring the suspected mentally disordered person to be properly cared for and treated by the person summoned.
(3) Where there is no person legally bound to maintain the suspected mentally disordered person, the Magi
14 PART II ADMISSION, DETENTION, LODGING, CARE, TREATMENT, REHABILITATION, CONTROL AND PROTECTION OF MENTALLY DISORDERED PERSONS IN, AND DISCHARGE OF VOLUNTARY PATIENTS FROM, PSYCHIATRIC HOSPITAL-14. Order of admission into psychiatric hospital by medical officer or registered medical practitioner or by order of Court under section 11, 12, 13 or 73.
(1) Where a person is brought or sent before a medical officer or registered medical practitioner under section 11, 12, 13 or 73, the medical officer or registered medical practitioner shall examine the person and:
(a) if he is satisfied that the person is not mentally disordered, he shall discharge him;
(b) if he is satisfied that, though still mentally disordered, the person is not in need of further care or treatment in a psychiatric hospital and is not dangerous to himself or to other persons, he shall discharge the person; or
(c) if he is satisfied that the person is mentally disordered, he shall make an order in the prescribed form signed by him for the person to be admitted and detained in a government psychiatric hospital or a gazetted private psychiatric hospital, and send the person into suitable custody at the psychiatric hospital.
(2) No order sha
15 PART III DISCHARGE, LEAVE OF ABSENCE AND TRANSFER OF INVOLUNTARY PATIENTS FROM PSYCHIATRIC HOSPITAL-15. Discharge of involuntary patient by Medical Director.
The Medical Director of a psychiatric hospital may at any time discharge an involuntary patient from the psychiatric hospital if he is satisfied that:
(a) it is in the best interest of the patient to discharge him; and
(b) the patient is not in need of further care or treatment in the psychiatric hospital.
16 PART III DISCHARGE, LEAVE OF ABSENCE AND TRANSFER OF INVOLUNTARY PATIENTS FROM PSYCHIATRIC HOSPITAL-16. Discharge of involuntary patient on application.
(1) Subject to subsection (2), an involuntary patient or a relative of the patient may make an application in the prescribed form to the Medical Director requesting the patient's discharge.
(2) On receipt of an application made under subsection (1), the Medical Director shall examine the patient in respect of whom the application is made and shall record his findings in a report.
(3) The Medical Director shall not discharge the patient unless he is satisfied, based on the examination under subsection (2), that the patient:
(a) is not mentally disordered; or
(b) though still mentally disordered, is not in need of further care or treatment in the psychiatric hospital and is not dangerous to himself or to other persons.
(4) A person aggrieved by the decision of the Medical Director under subsection (3) refusing to discharge him may appeal in writing to the Visitors within
17 PART III DISCHARGE, LEAVE OF ABSENCE AND TRANSFER OF INVOLUNTARY PATIENTS FROM PSYCHIATRIC HOSPITAL-17. Leave of absence.
(1) The Medical Director may, if he considers it to be in the best interest of the patient, allow an involuntary patient to be absent for a period of not more than one month, subject to such conditions as the Medical Director considers appropriate, from the psychiatric hospital into which he is admitted.
(2) The Medical Director may extend the period of absence by further leave not exceeding one month in the absence of the patient.
(3) If it appears to the Medical Director that it is necessary to do so in the interest of the patient's health or safety or for the protection of other persons, or if the patient is in breach of any condition imposed under subsection (1), he may revoke the leave of absence allowed to an involuntary patient and require the patient to return to the psychiatric hospital.
18 PART III DISCHARGE, LEAVE OF ABSENCE AND TRANSFER OF INVOLUNTARY PATIENTS FROM PSYCHIATRIC HOSPITAL-18. Apprehension of involuntary patient.
Where an involuntary patient is for the time being detained under this Act in a psychiatric hospital and he:
(a) absents himself from the psychiatric hospital without leave granted under section 17; or
(b) fails to return to the psychiatric hospital after the expiration of any period of leave of absence granted to him under section 17, or upon being recalled under that section,
he may be taken into custody by any police officer or social welfare officer or any person authorized in writing by the Medical Director for the purpose of being returned to the psychiatric hospital.
19 PART III DISCHARGE, LEAVE OF ABSENCE AND TRANSFER OF INVOLUNTARY PATIENTS FROM PSYCHIATRIC HOSPITAL-19. Transfer of involuntary patient to another government psychiatric hospital or gazetted private psychiatric hospital.
(1) The Director General or any person authorized by him may, by order, direct the transfer of an involuntary patient from a government psychiatric hospital or a gazetted private psychiatric hospital to another government psychiatric hospital or a gazetted private psychiatric hospital if:
(a) the Director General or the authorized person is satisfied, on the facts available, that the transfer will be of benefit to the patient or is necessary for the patient's care and treatment; and
(b) in the case of a proposed transfer to a gazetted private psychiatric hospital, the Medical Director of the hospital to which it is proposed to transfer the involuntary patient agrees to the transfer.
(2) Subject to paragraph (1)(b) , the Medical Director of the government psychiatric hospital or the gazetted private psychiatric hospital, as the case may be, s
20 PART III DISCHARGE, LEAVE OF ABSENCE AND TRANSFER OF INVOLUNTARY PATIENTS FROM PSYCHIATRIC HOSPITAL-20. Review of involuntary patient by Medical Director.
It shall be the duty of the Medical Director of a psychiatric hospital to examine, or cause to be examined, at least once a week, involuntary patients detained in the psychiatric hospital under his charge to determine whether or not the continued detention of such persons is necessary.
21 PART III DISCHARGE, LEAVE OF ABSENCE AND TRANSFER OF INVOLUNTARY PATIENTS FROM PSYCHIATRIC HOSPITAL-21. Duty to notify Court of discharge of patient detained under subsection 55(1) or section 73.
Where a patient received into a government psychiatric hospital or gazetted private psychiatric hospital by order of the Court under subsection 55(1) or section 73 is discharged from such hospital, the Medical Director shall as soon as practicable notify the Court of the fact of the person's discharge in such form as may be prescribed.
22 PART IV ADMISSION, DETENTION AND DISCHARGE OF PERSONS COMMITTED OR CONFINED IN PSYCHIATRIC HOSPITAL UNDER THE CRIMINAL PROCEDURE CODE-22. Designation of approved psychiatric hospital.
The Minister may designate a government psychiatric hospital to be an approved psychiatric hospital for the purposes of the admission and detention of persons under section 342, 344 or 348 of the Criminal Procedure Code or corresponding provisions in any other written law.
23 PART IV ADMISSION, DETENTION AND DISCHARGE OF PERSONS COMMITTED OR CONFINED IN PSYCHIATRIC HOSPITAL UNDER THE CRIMINAL PROCEDURE CODE-23. Examination of persons detained or confined in an approved psychiatric hospital.
(1) Where an order has been made under section 342, 344 or 348 of the Criminal Procedure Code or corresponding provisions in any other written law that a person be detained or confined in an approved psychiatric hospital, the Medical Director of the approved psychiatric hospital shall examine or cause to be examined the person within twenty-four hours of his admission.
(2) The Medical Director shall examine, or caused to be examined at least once in every four weeks, or within such shorter period as the Minister may specify, any person admitted and confined under section 344 or 348 of the Criminal Procedure Code or corresponding provisions in any other written law.
24 PART IV ADMISSION, DETENTION AND DISCHARGE OF PERSONS COMMITTED OR CONFINED IN PSYCHIATRIC HOSPITAL UNDER THE CRIMINAL PROCEDURE CODE-24. Review of persons confined under section 348 of the Criminal Procedure Code by Visitors.
(1) Where the Medical Director of an approved psychiatric hospital under section 23 is satisfied that a person admitted and confined under section 348 of the Criminal Procedure Code or corresponding provisions in any other written law may be safely discharged without any danger of his doing injury to himself or to any other person, he may, as soon as may be possible, cause the person to be brought before the Visitors for personal examination.
(2) If upon considering the report of the Medical Director and by the personal examination of the person, the Visitors are satisfied that the person poses no danger to himself or to any other person, the Visitors and the Medical Director shall jointly certify as required under section 350 of the Criminal Procedure Code that the person may be safely discharged without danger of his doing injury to himself or to any other person.
(3) The certificate referred to in subsection (2) shall be submitted to
25 PART IV ADMISSION, DETENTION AND DISCHARGE OF PERSONS COMMITTED OR CONFINED IN PSYCHIATRIC HOSPITAL UNDER THE CRIMINAL PROCEDURE CODE-25. Review of persons confined under section 344 or 348 of the Criminal Procedure Code by Visitors on an application of a relative or friend.
(1) If a relative or friend of a person confined in an approved psychiatric hospital makes an application under section 351 of the Criminal Procedure Code for the person to be delivered over to his care or custody, that relative or friend may give a copy of that application to the Medical Director of the approved psychiatric hospital.
(2) Upon receiving a copy of the application, the Medical Director and the Visitors of the approved psychiatric hospital shall examine the person and prepare a report certifying whether in their judgment that person could be delivered over to the care or custody of the relative or friend without any danger of the person doing injury to himself or to any other person.
(3) The report referred to in subsection (2) shall be submitted to the State Secretary of the State of the Ruler or Yang di-Pertua Negeri by whose order the person is confined or the Chief Secretary to the Government if the person is confined
26 PART V ADMISSION, LODGING, NURSING CARE AND REHABILITATION OF MENTALLY DISORDERED PERSONS IN PSYCHIATRIC NURSING HOME-26. Psychiatric nursing home.
A psychiatric nursing home is a home for the accommodation and provision of nursing and rehabilitative care for persons suffering or convalescing from mental disorders.
27 PART V ADMISSION, LODGING, NURSING CARE AND REHABILITATION OF MENTALLY DISORDERED PERSONS IN PSYCHIATRIC NURSING HOME-27. Appointment of government psychiatric nursing home.
The Minister may, by notification in the Gazette , appoint the whole or any part of any premises to be a government psychiatric nursing home.
28 PART V ADMISSION, LODGING, NURSING CARE AND REHABILITATION OF MENTALLY DISORDERED PERSONS IN PSYCHIATRIC NURSING HOME-28. Appointment of gazetted private psychiatric nursing home.
The Minister may, by notification in Gazette , appoint the whole or any part of any premises to be a gazetted private psychiatric nursing home.
29 PART V ADMISSION, LODGING, NURSING CARE AND REHABILITATION OF MENTALLY DISORDERED PERSONS IN PSYCHIATRIC NURSING HOME-29. Person in charge of government psychiatric nursing home.
(1) The Minister shall appoint in respect of every government psychiatric nursing home:
(a) a medical officer, preferably with qualification or training and experience in psychiatry; or
(b) a government staff nurse with qualification, training and experience in psychiatry, to be the person in charge of the government psychiatric nursing home.
(2) The qualification, training and experience referred to in subsection (1) must be qualification, training and experience recognized by the Minister on the advice of the Director General.
30 PART V ADMISSION, LODGING, NURSING CARE AND REHABILITATION OF MENTALLY DISORDERED PERSONS IN PSYCHIATRIC NURSING HOME-30. Duty of licensee and person in charge of private psychiatric nursing home.
The licensees and persons in charge of private psychiatric nursing homes, including gazetted private psychiatric nursing homes, shall comply with the requirements of the Private Healthcare Facilities and Services Act 1998 relating to private psychiatric nursing homes, but if the requirements of that Act are inconsistent with any provision of this Act, the provisions of this Act shall prevail.
31 PART V ADMISSION, LODGING, NURSING CARE AND REHABILITATION OF MENTALLY DISORDERED PERSONS IN PSYCHIATRIC NURSING HOME-31. Admission of patient into government, private and gazetted private psychiatric nursing home.
(1) Subject to subsections (2) and (3), a person who is suffering or convalescing from mental disorder may be admitted into a psychiatric nursing home as a voluntary patient:
(a) upon his own request;
(b) upon the request of a relative; or
(c) upon the request of a Medical Director of a psychiatric hospital.
(2) Notwithstanding subsection (1), no person shall be admitted into a psychiatric nursing home except under the direction of a medical officer or registered medical practitioner who is preferably a psychiatrist.
(3) The patient referred to in subsection (1) shall not be admitted into the psychiatric nursing home except for the purpose of providing him with accommodation and nursing and rehabilitative care.
(4) A patient admitted under this section or his relative may, on giving notice to the person in charge, request his discharge from the psychia
32 PART VI RECEPTION, CARE, TREATMENT AND REHABILITATION OF MENTALLY DISORDERED PERSONS IN COMMUNITY MENTAL HEALTH CENTRE-32. Community mental health centre.
A community mental health centre is a centre for community care treatment which includes the screening, diagnosis, treatment and rehabilitation of any person suffering from any mental disorder.
33 PART VI RECEPTION, CARE, TREATMENT AND REHABILITATION OF MENTALLY DISORDERED PERSONS IN COMMUNITY MENTAL HEALTH CENTRE-33. Appointment of government community mental health centre.
The Minister may, by notification in the Gazette , appoint the whole or any part of any premises to be a government community mental health centre.
34 PART VI RECEPTION, CARE, TREATMENT AND REHABILITATION OF MENTALLY DISORDERED PERSONS IN COMMUNITY MENTAL HEALTH CENTRE-34. Appointment of gazetted private community mental health centre.
The Minister may, by notification in the Gazette , appoint the whole or any part of any premises to be a gazetted private community mental health centre.
35 PART VI RECEPTION, CARE, TREATMENT AND REHABILITATION OF MENTALLY DISORDERED PERSONS IN COMMUNITY MENTAL HEALTH CENTRE-35. Person in charge of government community mental health centre.
(1) The Director General shall appoint in respect of every government community mental health centre a medical officer with training and experience in psychiatry to be the person in charge of the government community mental health centre.
(2) Notwithstanding subsection (1), a government community mental health centre which is under the direct supervision and authority of a government psychiatric hospital shall remain under the authority of the Medical Director of that psychiatric hospital.
36 PART VI RECEPTION, CARE, TREATMENT AND REHABILITATION OF MENTALLY DISORDERED PERSONS IN COMMUNITY MENTAL HEALTH CENTRE-36. Licensee and person in charge of private community mental health centre.
The licensees and persons in charge of private community mental health centres, including gazetted private community mental health centres, shall comply with the requirements of the Private Healthcare Facilities and Services Act 1998 relating to private community mental health centres, but if the requirements of that Act are inconsistent with any provision of this Act, the provisions of this Act shall prevail.
37 PART VI RECEPTION, CARE, TREATMENT AND REHABILITATION OF MENTALLY DISORDERED PERSONS IN COMMUNITY MENTAL HEALTH CENTRE-37. Community care treatment at community mental health centre.
(1) An involuntary patient who has been discharged or granted leave of absence from a psychiatric hospital may be required by the Medical Director or the Visitors, as the case may be, to undergo community care treatment at a government community mental health centre or a gazetted private community mental health centre.
(2) Any community mental health centre may provide community care treatment to voluntary and involuntary patients.
(3) The community care treatment referred to in subsections (1) and (2) shall be provided on an outpatient basis, and no patient shall be lodged in any part of a community mental health centre for more than twenty-four hours.
38 PART VII BOARD OF VISITORS-38. Appointment of Board of Visitors.
(1) The Minister shall appoint a Board of Visitors for each
psychiatric hospital and psychiatric nursing home and shall nominate a Chairman in respect of each Board of Visitors.
(2) Subject to subsections 40(3) and 40(4), a Board of Visitors shall consist of not less than three members to be appointed by the Minister.
39 PART VII BOARD OF VISITORS-39. Terms and conditions of appointment.
(1) A member of a Board shall, unless he sooner resigns, hold office for a period not exceeding three years and shall be eligible for reappointment.
(2) The Minister may in the instrument of appointment of a person as a Visitor specify the terms and conditions of appointment.
(3) A person shall not be appointed a Visitor if he has:
(a) any pecuniary interest, whether directly or indirectly; or
(b) any other interest which conflicts or may conflict with the best interest of the patient,
in the psychiatric hospital or psychiatric nursing home.
40 PART VII BOARD OF VISITORS-40. Board to arrange roster for Visitors.
(1) Subject to subsection (3) or (4), as the case may be, the Board, or if the Board so directs the Chairman, shall arrange a roster appointing three members of the Board to act in rotation for each month in the year; and references in this Act to "Visitors" shall be construed as references to Visitors appointed under this section to be the Visitors for the current month.
(2) Subject to this section, where a member appointed for any month is unable to act for that month or any part thereof, the Chairman shall appoint another member in his place.
(3) The Visitors for a psychiatric hospital shall at all times consist of a medical officer or a registered medical practitioner, preferably a psychiatrist, who does not work in that hospital and two other persons, and one of such Visitors shall be a female person.
(4) The Visitors for a psychiatric nursing home shall at all times consist of a medical officer or a registered medical prac
41 PART VII BOARD OF VISITORS-41. Meetings of the Board.
(1) The Board of a psychiatric hospital shall meet at least once a month and at such times as may be necessary or expedient for the carrying out of its functions.
(2) The Board of a psychiatric nursing home shall meet at least once in every three months and at such times as may be necessary or expedient for the carrying out of its functions.
42 PART VII BOARD OF VISITORS-42. Duty to visit psychiatric hospital or psychiatric nursing home.
(1) The Visitors for a psychiatric hospital shall visit the psychiatric hospital at least once in every month and the Visitors for a psychiatric nursing home shall visit the psychiatric nursing home at least once in every three months to inquire into:
(a) the welfare and health of persons detained in the psychiatric hospital or the welfare and health of persons admitted into the psychiatric nursing home, as the case may be;
(b) the adequacy of opportunities and facilities for the persons detained in the psychiatric hospital or admitted in the psychiatric nursing home to observe their religions; and
(c) any other matter that the Visitors consider necessary or expedient.
(2) When visiting a psychiatric hospital or a psychiatric nursing home the Visitors may:
(a) inspect any part of the premises of the psychiatric hospital or psychiatric nur
43 PART VII BOARD OF VISITORS-43. Report of Visitors.
The Visitors shall, as soon as practicable, after each visit to a psychiatric hospital or psychiatric nursing home:
(a) enter any remark that they deem proper with regard to the physical well-being and welfare of the persons detained or admitted into the psychiatric hospital or psychiatric nursing home in a book to be kept at the hospital or nursing home for that purpose; and
(b) if they deem necessary, submit to the Director General a report of each visit.
44 PART VII BOARD OF VISITORS-44. Examination of involuntary patient by Visitors.
(1) Where a patient has been detained for treatment pursuant to an order made in accordance with subsection 9(5), 10(8) or 14(7) or section 73, he shall, before the expiration of the period of three months referred to in the subsection or section, be brought before the Visitors who shall examine the patient and make inquiries relating to the admission and detention of the patient.
(2) Where upon the examination and inquiry under subsection (1) the Visitors:
(a) are not satisfied that the continued detention of the patient is justified, the Visitors shall order that the involuntary patient be discharged; or
(b) are satisfied that the continued detention of the person is justified, the Visitors shall make an order in the prescribed form signed by them for the detention of the person in the psychiatric hospital for a period not exceeding six months from the date of the order or such shorter period as
45 PART VII BOARD OF VISITORS-45. Review of involuntary patient by Visitors.
(1) Where the Visitors have made an order under paragraph 44(2) (b) and the patient to whom the order relates is, before the expiration of the period specified in the order, still being detained in the psychiatric hospital, the Medical Director of the psychiatric hospital shall as soon as may be cause the patient to be brought before the Visitors.
(2) Where the patient is brought before the Visitors under subsection (1), the Visitors may, upon considering the report of the Medical Director and by a personal examination of the patient, direct that:
(a) the patient be discharged;
(b) the patient be discharged at a future date as specified in the direction; or
(c) the patient be detained for care and treatment for a further period not exceeding twelve months as may be specified in the direction.
(3) Where the Visitors have made a direction under paragraph
46 PART VII BOARD OF VISITORS-46. Confidentiality of information by Visitor.
(1) Except for any of the purposes of this Act or for the purpose of any civil or criminal proceedings under this Act, no Visitor shall disclose any information which has been obtained by him in the course of his duties under this Act.
(2) A Visitor who contravenes subsection (1) commits an offence and shall on conviction be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding six months or to both.
47 PART VII BOARD OF VISITORS-47. Allowances etc. for Board members.
(1) There shall be paid to each member of the Board for every attendance at meetings of the Board and for every visit to the psychiatric hospital or psychiatric nursing home undertaken in the discharge of his duties under this Act such reasonable travelling expenses, lodging and subsistence allowances as the Minister may from time to time specify.
(2) The payment referred to in subsection (1) shall be made by the Government in the case of a government psychiatric hospital or a government psychiatric nursing home, and by the licensee in the case of a private psychiatric hospital, gazetted private psychiatric hospital, private psychiatric nursing home or gazetted private psychiatric nursing home.
48 PART VIII MORTALITY ASSESSMENT-48. Application of Part XII of the Private Healthcare Facilities and Services Act 1998.
Part XII of the Private Healthcare Facilities and Services Act 1998 on Mortality Assessment shall apply to psychiatric hospitals, psychiatric nursing homes and community mental health centres, subject to the modifications in Schedule I.
49 PART IX QUALITY OF PSYCHIATRIC HEALTHCARE FACILITIES AND SERVICES-49. Quality of psychiatric healthcare facilities and services.
(1) Every psychiatric hospital, psychiatric nursing home and community mental health centre shall have programmes and activities to ensure the quality and appropriateness of the healthcare facilities and services provided.
(2) Information regarding such programmes and activities shall be furnished to the Director General as and when required by him.
50 PART IX QUALITY OF PSYCHIATRIC HEALTHCARE FACILITIES AND SERVICES-50. Power of Director General to issue directives, orders or guidelines relating to quality assurance.
The Director General may issue directives, orders, or guidelines relating to the quality and standards of psychiatric hospitals, psychiatric nursing homes or community mental health centres as he deems necessary.
51 PROCEEDINGS IN INQUIRIES INTO MENTAL DISORDER-51. Interpretation.
In this Part:
"Court" means the High Court;
"mentally disordered person" means any person found by due course of law to be mentally disordered and incapable of managing himself and his affairs.
52 PROCEEDINGS IN INQUIRIES INTO MENTAL DISORDER-52. Court may order inquiry.
(1) The Court may, on an application made before it, make an order directing an inquiry to determine whether a person subject to the jurisdiction of the Court and alleged to be mentally disordered is incapable of managing himself and his affairs due to such mental disorder.
(2) The order of the Court under subsection (1) may also contain directions for inquiries to be made concerning:
(a) the nature of the property belonging to the person alleged to be mentally disordered;
(b) the persons who are his relatives;
(c) the period during which he has been mentally disordered; or
(d) such other questions as the Court deems proper.
(3) The application for such an inquiry may be made by a relative of the person alleged to be mentally disordered, or by any public officer nominated by the Minister for the purpose of making the application.
53 PROCEEDINGS IN INQUIRIES INTO MENTAL DISORDER-53. Notice of inquiry.
(1) The Court shall give reasonable notice to the person alleged to be mentally disordered and the applicant of the time and place fixed for the inquiry.
(2) Where it appears to the Court that the person alleged to be mentally disordered is in such a state that personal service on him of the notice would be ineffectual, the Court may, for the purpose of bringing the person to the inquiry, direct that the service of the notice be made on the person having charge of him or on any adult person or the owner or occupier of the premises wherein the mentally disordered person lives.
54 PROCEEDINGS IN INQUIRIES INTO MENTAL DISORDER-54. Power to examine person alleged to be mentally disordered.
(1) At any time after the application for the inquiry is made, the Court may:
(a) require the applicant to produce the person alleged to be mentally disordered at such time and place as the Court may appoint, for the purpose of being personally examined by the Court or by a psychiatrist from whom the Court may desire to have a report of his mental capacity and condition; and
(b) make an order authorizing any person or persons named in the order to have access to the person alleged to be mentally disordered for the purpose of a personal examination and making the report referred to in paragraph (a) .
(2) The psychiatrist making a report under paragraph (1) (a) in respect of the person alleged to be mentally disordered shall consider:
(a) the nature and degree of the person's condition;
(b) the complexity of his estate;
55 PROCEEDINGS IN INQUIRIES INTO MENTAL DISORDER-55. Power to send person alleged to be mentally disordered to a government psychiatric hospital or a gazetted private psychiatric hospital for purpose of observation.
(1) The Court may, in lieu of or in addition to its powers under section 54, and on such evidence as it deems sufficient, make an order that the person alleged to be mentally disordered be admitted into a government psychiatric hospital or a gazetted private psychiatric hospital for observation for a period not exceeding one month; and the Court may on subsequent application by the Medical Director order an extension for a further period of observation not exceeding one month.
(2) The order of the Court shall also provide that if the person concerned is certified prior to the expiry of the period of observation to be not mentally disordered, the person shall be discharged by the Medical Director into the care of the person making the application under subsection 52(3) and shall appear before the Court at the time and place appointed by the Court.
(3) Upon the admission of the person concerned to the psychiatric hospital under s
56 PROCEEDINGS IN INQUIRIES INTO MENTAL DISORDER-56. Questions to be decided by Court.
At the inquiry, after receiving the report under section 54 or the certification of the Medical Director under section 55 and upon hearing such evidence and arguments as it may think fit, the Court shall decide whether the person alleged to be mentally disordered is, due to his mental disorder, incapable of managing himself and his affairs, and shall also decide any other questions as to which an inquiry has been directed.
57 PROCEEDINGS IN INQUIRIES INTO MENTAL DISORDER-57. Order as to costs.
The Court may make such order as to the costs of the inquiry and may include in the order such remuneration to any medical officer or registered medical practitioner as the Court deems reasonable but no order for the payment of costs shall be made against the Minister or against any public officer nominated by the Minister under sub section 52(3).
58 PROCEEDINGS IN INQUIRIES INTO MENTAL DISORDER-58. Appointment of committees.
(1) If the Court finds that the person who is alleged to be mentally disordered is incapable of managing himself and his affairs due to his mental disorder, the Court may appoint a committee or committees of the person and of the estate of the person and may, as the Court deems fit, make an order:
(a) as to the remuneration, if any, of the committee or committees out of the person's estate; or
(b) as to the giving of security by the committee or committees.
(2) Where the Court finds that the person alleged to be mentally disordered is incapable of managing his affairs due to his mental disorder but is not dangerous to himself or to others, the Court may appoint a committee of his estate without appointing a committee of his person.
59 PROCEEDINGS IN INQUIRIES INTO MENTAL DISORDER-59. Powers of management of estate of mentally disordered person.
(1) Subject to subsection (2), the Court may, on the appointment of a committee of the estate of a mentally disordered person, direct by the appointment or by any subsequent order that the person to whom the charge of the estate is committed shall have such powers for the management of the estate as the Court deems necessary and proper, regard being had to the nature of the property, whether movable or immovable, of which the estate may consist.
(2) The powers of management conferred under subsection (1) shall not extend to the sale or charge of the estate or any part of the estate or to the letting of any immovable property for a term exceeding three years.
60 PROCEEDINGS IN INQUIRIES INTO MENTAL DISORDER-60. Power of Registrar to receive proposal.
(1) The Registrar of the High Court may, without an order of reference, receive any proposal and conduct an inquiry in respect of the management of the estate of a mentally disordered person if the proposal relates to any matter which the committee of the estate has not been empowered under section 59 to dispose of.
(2) The Registrar may, without an order of reference, receive and inquire into any proposal relating to the sale or charge of the estate or any part of the estate of a mentally disordered person or to the letting of any immovable property for a term exceeding three years.
(3) The Registrar shall report to the Court on the proposal and the Court shall, subject to this Act, make an order on the report and award such costs as under the circumstances seem just.
61 PROCEEDINGS IN INQUIRIES INTO MENTAL DISORDER-61. Relatives who may attend proceedings.
(1) The Court shall once in the matter of each inquiry, and may afterwards from time to time, determine which of the relatives or next-of-kin of the mentally disordered person who shall attend before the Registrar in any proceedings connected with the management of the estate of the person.
(2) Where a relative or next-of-kin is a minor, the Court may appoint a fit and proper person to be his guardian for the purpose of the proceedings.
(3) The attendance of the relatives or next-of-kin before the Registrar shall be at the cost of the estate.
62 PROCEEDINGS IN INQUIRIES INTO MENTAL DISORDER-62. Orders may be made on application.
Subject to this Act, the Court may, on an application made to it concerning any matter connected with an inquiry, make such order in respect of the application and the costs of the application and of the consequent proceedings as under the circumstances seem just but no order for costs shall be made under this section against any public officer.
63 PROCEEDINGS IN INQUIRIES INTO MENTAL DISORDER-63. Dealing with mentally disordered person's property.
The Court may, if it appears to the Court to be just or for the benefit of the mentally disordered person, order that any property, movable or immovable, and whether in possession, reversion, remainder, contingency or expectancy, be sold or charged or otherwise disposed of as seem most expedient for the purpose of raising money to be applied for any of the following purposes:
(a) the payment of his debts, including any debt or expenditure incurred for his maintenance or for his benefit;
(b) the discharge of any encumbrance on his estate;
(c) the payment of or provision for the expenses of his future maintenance and the maintenance of his family, including the expenses of his removal to any place in or outside Malaysia and all related expenses;
(d) the payment of the costs of any proceedings under this Act and of any costs incurred by order or under the authority of the Cou
64 PROCEEDINGS IN INQUIRIES INTO MENTAL DISORDER-64. Committee to execute instrument.
(1) The committee of the estate of a mentally disordered person shall, in his name and on his behalf, execute all such conveyances and instruments of transfer in relation to any sale, charge, or other disposition of the estate of the mentally disordered person as may be ordered by the Court.
(2) The committee shall also, under the order of the Court, exercise all powers vested in a mentally disordered person, whether the powers are vested in him for his own benefit or in his capacity as a trustee or guardian.
65 PROCEEDINGS IN INQUIRIES INTO MENTAL DISORDER-65. Performance of contract.
Where a person who has contracted to sell or dispose of his estate or any part of his estate subsequently becomes mentally disordered, the Court may, if the contract is such as the Court deems ought to be performed, direct the committee of the estate of the mentally disordered person to execute such conveyances and to do such other acts in fulfilment of the contract as it deems proper.
66 PROCEEDINGS IN INQUIRIES INTO MENTAL DISORDER-66. Dissolution and disposal of property or partnership.
(1) Where a member of a partnership is mentally disordered person, the Court may, on an application of the other partners or of any other person who appears to the Court to be entitled to require the dissolution, dissolve the partnership.
(2) Upon the dissolution of the partnership under subsection (1) or upon the dissolution of the partnership by an order of any Court or by due course of law, the committee of the estate of the mentally disordered person may, in the name and on behalf of the mentally disordered person, join with the other partners in disposing of the partnership property upon such terms, and shall do all acts for carrying into effect the dissolution of the partnership, as the Court deems proper.
67 PROCEEDINGS IN INQUIRIES INTO MENTAL DISORDER-67. Disposal of business premises.
Where a mentally disordered person has been engaged in business the Court may, if it appears to be for the benefit of his estate that the business premises should be disposed of, order the committee of the estate of the mentally disordered person to sell and dispose of the business premises, and the proceeds of the sale shall be applied in such manner as the Court directs.
68 PROCEEDINGS IN INQUIRIES INTO MENTAL DISORDER-68. Committee may dispose of lease.
Where a mentally disordered person is entitled to a lease or sublease the Court may, if it appears to be for the benefit of his estate that the lease or sublease should be disposed of, order the committee of the estate of the mentally disordered person to surrender, assign or dispose of the lease or sublease upon such terms as the Court deems fit.
69 PROCEEDINGS IN INQUIRIES INTO MENTAL DISORDER-69. Transfer of stock, securities, etc. of mentally disordered person.
Where any stock or Government securities or any share or debenture in a public company, transferable within Malaysia or the dividends of which are payable in Malaysia, are standing in the name of, or are vested in, a mentally disordered person beneficially entitled to the stock, securities, shares or debentures, or a committee of the estate of the mentally disordered person, or a trustee for him, and the committee or trustee dies intestate or himself becomes mentally disordered or is out of the jurisdiction of the Court, or it is uncertain whether the committee or trustee is living or dead or he neglects or refuses to transfer the stock, securities, shares or debentures or to receive and pay the dividends to a new committee or trustee, or as he directs, within fourteen days after being required by him to do so, the Court may order some fit and proper person to make the transfer or to transfer the stock, securities, shares or debentures and to receive a
70 PROCEEDINGS IN INQUIRIES INTO MENTAL DISORDER-70. Transfer of property of mentally disordered person residing outside Malaysia.
Where any property situated in Malaysia is standing in the name of or vested in any person residing outside Malaysia, the Court, if satisfied:
(a) that the person has been declared to be a mentally disordered person; and
(b) that his personal estate has been vested in a committee, curator or manager according to the laws of the place where he is residing,
may order some fit and proper person to make such transfer of the property or of any part of the property to the committee, curator or manager or otherwise, and also to receive and pay over any proceeds or profits of the property as the Court deems fit; and any act done in pursuance of the order shall be valid and effectual for all purposes.
71 PROCEEDINGS IN INQUIRIES INTO MENTAL DISORDER-71. Power to order maintenance without appointing committee.
If it appears to the Court, having regard to the situation and condition in life of the mentally disordered person and his family and other relevant circumstances of the case, to be expedient that his property should be made available for his or their maintenance in a direct and inexpensive manner, the Court may, instead of appointing a committee of the estate, order that the property, if money, or, if of any other description, the produce thereof when realized, be paid to such person as the Court may deem fit to appoint to be applied for the maintenance of the mentally disordered person and his family and all payments so made shall be a good discharge to the person making the payment.
72 PROCEEDINGS IN INQUIRIES INTO MENTAL DISORDER-72. Temporary provision for maintenance.
If it appears to the Court that the incapability of a mentally disordered person to manage himself and his affairs is temporary in nature, and that it is expedient to make temporary provision for his maintenance or the maintenance of his family, the Court may, in like manner as under section 71, direct that his property or a sufficient part of the property be applied for that purpose.
73 PROCEEDINGS IN INQUIRIES INTO MENTAL DISORDER-73. Order for reception of mentally disordered person.
(1) Where upon an inquiry under this Part a person is found by the Court to be incapable of managing himself and his affairs due to his mental disorder but the Court does not appoint a committee of his person, the Court shall make an order for the person to be received into a government psychiatric hospital or a gazetted private psychiatric hospital and send him in suitable custody, together with the order for his reception, to the psychiatric hospital named in the order.
(2) Notwithstanding subsection (1), if a friend or relative of the mentally disordered person satisfies the Court that he undertakes to take proper care of the person and prevent him from injuring himself or others, the Court may, instead of making an order under the subsection, make an order handing him over to the care of the friend or relative.
(3) A person received into a psychiatric hospital by an order of the Court under subsection (1) shall, for the pur
74 PROCEEDINGS IN INQUIRIES INTO MENTAL DISORDER-74. Annulling proceedings.
(1) Where a person has been found to be incapable of managing himself and his affairs due to his mental disorder and it is subsequently shown to the Court:
(a) on the application of that person;
(b) on the application of a person acting on his behalf; or
(c) on the information of any other person,
that there is reason to believe that such incapability has ceased, the Court may make an order for an inquiry to determine whether the person is now capable of managing himself and his affairs.
(2) The inquiry under subsection (1) shall be conducted in the same manner as that prescribed for an inquiry into whether a person alleged to be mentally disordered is incapable of managing himself and his affairs.
(3) Where upon an inquiry under this section the Court finds that the person is now capable of managing himself and his affairs the Court shall order all pr
75 PROCEEDINGS IN INQUIRIES INTO MENTAL DISORDER-75. Discharge of person found on inquiry to be capable of managing himself and his affairs.
Where after an inquiry into the capability of a person detained in a psychiatric hospital to manage himself and his affairs the Court has made an order under subsection 74(3), the Medical Director of the psychiatric hospital shall, immediately on the production of a certified copy of the order, discharge that person from the hospital.
76 PART XI ENFORCEMENT-76. Application of Part XVI of the Private Healthcare Facilities and Services Act 1998.
Part XVI of the Private Healthcare Facilities and Services Act 1998 on enforcement shall apply for the enforcement of this Act subject to the modifications in Schedule II.
77 PART XII GENERAL-77. Giving of consent for surgery, etc. .
(1) Where a mentally disordered person is required to undergo surgery, electroconvulsive therapy or clinical trials, consent for any of them may be given:
(a) by the patient himself if he is capable of giving consent as assessed by a psychiatrist;
(b) by his guardian in the case of a minor or a relative in the case of an adult, if the patient is incapable of giving consent;
(c) by two psychiatrists, one of whom shall be the attending psychiatrist, if there is no guardian or relative of the patient available or traceable and the patient himself is incapable of giving consent.
(2) For purposes of subsection (1), it shall be the duty of the registered medical practitioner concerned to ensure that informed consent is first obtained from the patient himself under paragraph (1) (a) before invoking paragraph (1) (b) or (1) (c).
(3) In cases of
78 PART XII GENERAL-78. Duty to give information to persons detained.
The Medical Director of every psychiatric hospital shall take such steps as are reasonably practicable to ensure that every patient in the hospital and a relative of the patient, understand:
(a) under which provision of this Act the patient is for the time being detained and the effect of the provision; and
(b) what rights are available to the patient for him to apply for his discharge.
79 PART XII GENERAL-79. Indemnity and protection against suit and legal proceedings.
No action shall lie or prosecution shall be brought, instituted or maintained against any person in any court for any thing done or omitted to be done under this Act:
(a) in good faith;
(b) in the reasonable belief that it was necessary for the purpose intended to be served thereby; or
(c) for carrying into effect the provisions of this Act.
80 PART XII GENERAL-80. Copy of reception order to be sent to Medical Director of government psychiatric hospital or gazetted private psychiatric hospital.
A medical officer or registered medical practitioner making an order under section 14 or a Court making an order under section 55 or 73 shall immediately send a certified copy of the order to the Medical Director of the government psychiatric hospital or gazetted private psychiatric hospital into which the person who is the subject of the order is to be received.
81 PART XII GENERAL-81. Medical certificate, order, etc. may be amended.
If upon the admission of an involuntary patient to a psychiatric hospital it appears that any medical certificate, order or other documents relating to the admission are in any respect incorrect, the certificate, order or other document may, with the approval of the Medical Director, be amended by the person who signed it within fourteen days of the admission of the patient for the purpose of correcting any clerical error or an obvious mistake or for any other reason acceptable to the Medical Director.
82 PART XII GENERAL-82. Sums payable by the Government to mentally disordered person.
Where any sum is payable in respect of pay, pension, gratuity, or other similar allowance to any person by the Government or the Government of any State, and that person is found under this Act to be mentally disordered, the officer under whose authority such sum would be payable if the payee were not mentally disordered may pay so much of that sum as he deems fit to the person having charge of the mentally disordered person, and may pay the surplus, if any, or such part of the surplus as he deems fit, for the maintenance of the members of the family of the mentally disordered person as are dependent on him for maintenance.
83 PART XII GENERAL-83. Incident reporting.
(1) Notwithstanding any other report required by any other written law, a psychiatric hospital, psychiatric nursing home or community mental health centre shall report to the Director General, or any person authorized by him in that behalf, such unforeseeable and unanticipated incidents as may be prescribed.
(2) This section shall apply to any unforseeable or unanticipated incident that occurs on or after the date of commencement of this Act.
84 PART XII GENERAL-84. Policy statement.
(1) The Medical Director, licensee or person in charge of a psychiatric hospital, psychiatric nursing home or community mental health centre shall make available, upon registration or admission, as the case may be, the policy statement of the hospital, home or centre with respect to the obligations of the Medical Director or licensee or person in charge of the psychiatric hospital, psychiatric nursing home or community mental health centre to patients using the facilities or services of the hospital, home or centre.
(2) A policy statement shall cover such matters as may be prescribed.
85 PART XII GENERAL-85. Construction of written law.
Unless a contrary intention appears, a reference in any written law:
(a) to a lunatic or mental person shall be construed as a reference to a mentally disordered person;
(b) to a lunacy shall be construed as a reference to mental disorder;
(c) to an asylum, a lunatic asylum, an approved hospital or a mental hospital shall be construed as a reference to a psychiatric hospital.
86 PART XII GENERAL-86. Ill-treatment of patient.
(1) Any Medical Director or person in charge of, or an officer or a staff of, or persons otherwise employed in or engaged by, a psychiatric hospital, psychiatric nursing home, community mental health centre, or any other government or private healthcare premises who:
(a) ill-treats or wilfully neglects a patient for the time being receiving treatment for mental disorder as an in-patient in that psychiatric hospital, psychiatric nursing home, community mental health centre or government or private healthcare premises; or
(b) ill-treats or wilfully neglects, on the premises of which such psychiatric hospital, psychiatric nursing home, community mental health centre, or government or private healthcare facility forms a part, a patient for the time being receiving treatment there as an out-patient,
commits an offence.
(2) A person who ill-treats or wilfully neglects a mentally dis
87 PART XII GENERAL-87. Abetment of escape of patient.
Any attendant, nurse, servant or other person employed in, or otherwise engaged by, any government psychiatric hospital or gazetted private psychiatric hospital who permits or abets the escape or attempted escape of any patient commits an offence and shall on conviction be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding one year or to both.
88 PART XII GENERAL-88. Penalty for improper reception and detention.
Subject to section 79, any person who:
(a) otherwise than in accordance with the provisions of this Act or any other written law, receives or detains in a psychiatric hospital a person who is or is alleged to be mentally disordered; or
(b) for gain, detains in any place, not being a psychiatric hospital, any number of mentally disordered persons,
commits an offence and shall on conviction be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding seven years or to both.
89 PART XII GENERAL-89. Institution of prosecution.
No prosecution in respect of any offence under this Act shall be instituted except by or with the written consent of the Public Prosecutor.
90 PART XII GENERAL-90. Magistrate of the First Class to have full jurisdiction.
Notwithstanding the provisions of any written law to the contrary, a court of a Magistrate of the First Class shall have jurisdiction to try any offence under this Act and to award the full punishment for any such offence.
91 PART XII GENERAL-91. Contravention of subsidiary legislation.
Any subsidiary legislation made under this Act may provide that the contravention of any provision in the subsidiary legislation shall be an offence and that the person who commits the offence is liable on conviction to a fine or a term of imprisonment or both but may not provide for the fine to exceed ten thousand ringgit or the term of imprisonment to exceed six months.
92 PART XII GENERAL-92. Power to make regulations.
(1) The Minister may make such regulations as appear to him to be necessary or expedient for carrying out the provisions of this Act.
(2) Without prejudice to the generality of the powers conferred by subsection (1) regulations may be made for all or any of the following purposes:
(a) to prescribe the forms and certificates to be used for the purposes of this Act;
(b) to prescribe the standards and specifications in respect of the siting, design and construction of government or private psychiatric hospitals including gazetted private psychiatric hospitals, psychiatric nursing homes or community mental health centres;
(c) to prescribe the standards of accommodation, sanitation or other amenities in government or private psychiatric hospitals including gazetted private psychiatric hospitals, psychiatric nursing homes and community mental health centres;
93 PART XII GENERAL-93. Repeal and savings.
(1) The Mental Disorders Ordinance 1952 [Ord. 31/1952] the Mental Health Ordinance (Sarawak) 1961 [Sarawak Ord. 16/1961] and the Lunatics Ordinance (Sabah) 1951 [Sabah. Cap. 74] are repealed.
(2) Notwithstanding the repeal of the Ordinances in subsection (1):
(a) any mental hospital established and maintained, or hospital approved, under the repealed Ordinances immediately before the commencement of this Act shall be deemed to have been established, approved or appointed as a government psychiatric hospital under section 3 of this Act;
(b) any appointment, subsidiary legislation, warrant or certificate made or issued under the repealed Ordinances and in force immediately before the commencement of this Act shall continue to be in force and have effect as if it had been made or issued under this Act until superseded by an appointment, subsidiary legislation, warrant or cer
94 PART XII GENERAL-94. Prevention of anomalies.
(1) The Minister may, whenever it appears to him necessary or expedient to do so, whether for the purpose of removing difficulties or preventing anomalies in consequence of the enactment of this Act, by order published in the Gazette make such modifications to any provision in this Act or in any existing law as he thinks fit but the Minister shall not exercise the powers conferred by this section after the expiration of two years from the date on which this Act comes into operation.
(2) In this section, "modifications" includes amendments, additions, deletions, substitutions, adaptations, variations, alterations and non-application of any provision of this Act.
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