324. Procedure where person of unsound mind appears to be fit for discharge

Di-Pertuan by a medical report under section 322 or otherwise that a person detained or confined under the provisions of section 247, 3 17 or 321, in this section referred to as the patient, may have recovered his sanity and that his discharge may be warranted then, if His Majesty the Sultan and Yang

Di-Pertuan is of the opinion that the discharge of the patient either unconditionally or under the provisions of sections 325 and 325A is warranted, he shall proceed to order his discharge:

Provided that if the patient is confined under the provisions of section 317, this section applies only if the Public Prosecutor shall have informed His Majesty the Sultan and Yang Di-Pertuan that he has declined to certify to the effect mentioned in section 323(b):

Provided further that if the prisoner is confined under the provisions of section 247, His Majesty the Sultan and Yang Di-Pertuan may, in lieu of discharging the prisoner, order that he be transferred to a prison to serve the remainder of any sentence of imprisonment remaining unexpired and that it shall be a condition of any discharge under this subsection that the balance of any sentence of imprisonment shall have been remitted or shall be remitted from a date not later than the date as from which the discharge is to take effect.

Provided that the patient or his representative and the Attorney General or his representative shall have the right without leave to appear and be heard by the Commission.

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