【法规名称】
【法规编号】 44116 什么是编号？
【正 文】
CAP 136E MENTAL HEALTH GUARDIANSHIP BOARD RULES
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(Cap 136 section 59Z) [1 February 1999] L.N. 33 of 1999 (L.N. 97 of 1998) Cap 136E s 1 (Omitted as spent) PART I PRELIMINARY (Omitted as spent) Cap 136E s 2 Interpretation (1) In these Rules, unless the context otherwise requires- "Chairperson" (主席) includes a person appointed to act as Chairperson under section 4 of the Schedule to the Ordinance; "directions application" (要求指示的申请) means an application under section 11; "guardianship directions" (监护指示) means directions of the Board falling within section 59K(1)(d) of the Ordinance; "identity card" (身分证) means an identity card within the meaning of section 1A of the Registration of Persons Ordinance (Cap 177); "legal representative" (法律代表) means a counsel or solicitor; "party" (一方、方), in relation to any proceedings of the Board- (a) following a guardianship application, means the applicant, any person who has been sent a copy of the application under section 59N(3)(a) or (c) of the Ordinance and any person who is added as a party by direction of the Board; (b) following a review application, means the applicant, the other persons referred to in section 59U(4)(a), (b) and (c) of the Ordinance entitled to make such an application and any person who is added as a party by direction of the Board; (c) where section 59U(2)(b) or (3) of the Ordinance requires the Board to review a guardianship order, the persons referred to in section 59U(4)(a), (b) and (c) of the Ordinance entitled to make a review application in respect of the order (except the guardian in any case where section 59T(1)(a) of the Ordinance is applicable) and any person who is added as a party by direction of the Board; (d) following a directions application, means the applicant, the mentally incapacitated person, the guardian of the mentally incapacitated person, the Director of Social Welfare and any person who is added as a party by direction of the Board;"proceedings" (法律程序) includes any proceedings of the Board- (a) following a guardianship application; (b) following a review application; (c) where section 59U(2)(b) or (3) of the Ordinance requires the Board to review a guardianship order; or (d) following a directions application;"review" (覆核), in relation to a guardianship order, means a review under section 59U(2) or (3) of the Ordinance of the order; "review application" (覆核申请) means an application referred to in section 8; "secretary" (秘书) means the secretary to the Board; "social enquiry report" (社会背景调查报告), in relation to a mentally incapacitated person, means the social enquiry report required under section 59P of the Ordinance in respect of the person. (2) In these Rules, a reference to a mentally incapacitated person in relation to a guardianship application, review application, review of a guardianship order, or directions application, means the mentally incapacitated person the subject of the application or order, as the case may be. (3) In these Rules, a reference to a form by number is a reference to the form in the Schedule which bears the number. Cap 136E s 3 Making guardianship application PART II GUARDIANSHIP APPLICATIONS A guardianship application shall be- (a) in accordance with Form 1; (b) completed in accordance with such directions and instructions as are specified in the application; and (c) accompanied by such documents as are specified in the application. Cap 136E s 4 Compliance with section 59N(3) of the Ordinance The Board shall comply with- (a) section 59N(3)(a) and (c) of the Ordinance in respect of a guardianship application not later than 14 days after receipt of the application; (b) section 59N(3)(b) of the Ordinance in respect of a guardianship application not later than 14 days after it decides that the relative concerned should be sent a copy of the application. Cap 136E s 5 Social enquiry report required to be submitted to Board The Director of Social Welfare shall, not later than 4 weeks after- (a) if the Director has made a guardianship application, the date on which the application was made; (b) in any other case, receipt of a copy of a guardianship application under section 59N(3) of the Ordinance,send to the Board the social enquiry report in respect of the mentally incapacitated person. Cap 136E s 6 Non-disclosure of certain written reports Where, in the opinion of a registered medical practitioner who has prepared a written report referred to in section 59M(3) of the Ordinance, any part of the report should be withheld from the applicant of a guardianship application or the mentally incapacitated person on the ground that its disclosure would adversely affect the health or welfare of the mentally incapacitated person or others, that part shall be made in a separate document in which shall be set out the reasons for believing that its disclosure would have that effect. Cap 136E s 7 Disclosure of documents (1) Subject to subsection (2), the secretary shall, as soon as practicable, send a copy of every document the Board receives which is relevant to a guardianship application to the applicant and any person who has been sent a copy of the application under section 59N(3)(a) or (c) of the Ordinance, and any of those persons may submit comments thereon in writing to the Board. |
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