s 36 Mentally disordered prisoner
(1) Where a prisoner undergoing a sentence of imprisonment or sentenced to death appears to the Commissioner General on the certification of the Medical Officer to be mentally disordered, the Commissioner General shall, by order in writing, direct that the prisoner be removed to, kept and treated at a mental hospital or other fit place of safe custody in Malaysia and there to be kept and treated as the Commissioner General directs. (2) An order issued under subsection (1) shall be an authority for the reception of the prisoner and for his detention in the mental hospital or other fit place in Malaysia until removed or discharged as hereinafter provided. (3) Where a prisoner detained in a mental hospital under subsection (1) is, in the opinion of the medical officer of the mental hospital, no longer mentally disordered, the medical officer shall report accordingly to the Commissioner General. (4) Upon receipt of the report, the Commissioner General shall, by order in writing— (a) direct the return of the prisoner to the prison from where he was removed or to any other prison if his term of imprisonment has not expired; or (b) direct the prisoner to be discharged if his term of imprisonment has expired. (5) Where a prisoner detained under subsection (1) is, in the opinion of the medical officer of the mental hospital, still mentally disordered and the term of imprisonment to which the prisoner has been sentenced has expired— (a) in the case of *Peninsular Malaysia, section 46 of the Mental Disorders Ordinance 1952 shall apply to the prisoner as if he was detained in accordance with a certificate given under section 42 of the Ordinance; (b) in the case of the Federal Territory of Labuan, as the need may arise, such provisions of the Mental Ordinance 1952 as may be extended to the Federal Territory of Labuan by the Yang di-Pertuan Agong, shall apply; (c) in the case of Sabah, subsections 70(4) to (14) of the Prisons Ordinance 1956 [Sabah Ord. 7 of 1956] shall apply; and (d) in the case of Sarawak, subsections 34(4) to (14) of the Prisons Ordinance [Sarawak Cap. 24] shall apply. (6) The time occupied in effecting any removal under this section and the period during which the prisoner is detained in a mental hospital shall be reckoned as part of the term of imprisonment. *NOTE—All references to “West Malaysia” shall be construed as reference to “Peninsular Malaysia”–see the Interpretation (Amendment) Act 1997 [Act A996], subsection 5(2).