Mental Health Act 2001 · Updated to 1 Feb 2014 · Part IV · Admission, Detention and Discharge of Persons Committed or Confined in Psychiatric Hospital Under the Criminal Procedure Code
Section 25
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If a relative or friend of a person confined in an approved psychiatric hospital makes an application under section 351 of the
relative
“relative” means any of the following persons of or above eighteen years of age: (a) husband or wife; (b) son or daughter; (c) father or mother; (d) brother or sister; (e) grandparent; (f) grandchild; (g) maternal or paternal uncle or aunt; (h) nephew or niece.
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.
friend
“friend”, in relation to a mentally disordered person, means— (a) a person, other than a relative, of or above eighteen years of age with whom the mentally disordered person ordinarily resides (or if the mentally disordered person is for the time being an inpatient in a psychiatric hospital, Mental Health 13 with whom he last ordinarily resided before he was admitted), and with whom he has or had been ordinarily residing for a period of not less than two years; or (b) a body or an organization recognized by the Minister under subsection (4);
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.
approved psychiatric hospital
“approved psychiatric hospital” means a government psychiatric hospital designated by the Minister under section 22;
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
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by whose order the person is confined or the Chief Secretary to the
Government if the person is confined by the order of the Yang di-Pertuan Agong.