Page:Mental Health (Care and Treatment) Act 2008.pdf/17

Rh : disordered person as are dependent on that person for maintenance.

Order for payment of cost of maintenance

28.—(1) Where any person has been received into a psychiatric institution in accordance with section 310 or 315 of the Criminal Procedure Code (Cap. 68) or section 43 of the Prisons Act (Cap. 247), the court—
 * (a) on the application of the principal officer of the psychiatric institution, shall make an order for the payment of the cost of maintenance of the person in the psychiatric institution; and
 * (b) may direct that any sum of money payable under that order shall be recovered from the estate of the person, or of any person legally bound to maintain him.

(2) If at any time it appears to the satisfaction of the court that the person referred to in subsection (1) has no sufficient property and that no person legally bound to maintain the person has sufficient means for the payment of such cost, the court shall so certify instead of making an order under that subsection for the payment of the cost.

(3) An order under subsection (1) shall be enforced in the same manner and shall be of the same force and effect and subject to the same appeal as a judgment or order made by the court in a suit in respect of the property or person therein mentioned.

Mental Capacity Act matters

29. Nothing contained in this Act shall be taken to interfere with the power of the court over any person found to be lacking capacity under the Mental Capacity Act 2008.

Composition of offences

30.—(1) The Director or any public officer authorised by him may, in his discretion, compound any offence under this Act which is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum not exceeding $2,000.

(2) On payment of such sum of money, no further proceedings shall be taken against that person in respect of the offence.