【法规名称】
【法规编号】 44116 什么是编号？
【正 文】
第2页 CAP 136E MENTAL HEALTH GUARDIANSHIP BOARD RULES
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[接上页] (2) The secretary shall not send a document referred to in subsection (1) (including any document containing comments referred to in that subsection) to a person referred to in that subsection if the Board, after considering the views, if any, of the person who prepared the document, has stated in writing- (a) that it believes that sending the document to that person would adversely affect the health or welfare of the mentally incapacitated person or others; and (b) its reasons for believing that sending the document to that person would have that effect.(3) Where a document is not to be disclosed pursuant to subsection (2) to a person who has a legal representative, the Board shall nevertheless disclose the document as soon as practicable to the representative. (4) No information disclosed to a legal representative in accordance with subsection (3) shall be- (a) disclosed either directly or indirectly to any other person without the authority of the Board; or (b) used otherwise than in connection with the guardianship application concerned. Cap 136E s 8 Making application to review guardianship order PART III REVIEW OF GUARDIANSHIP ORDERS An application making a request under section 59U(4) of the Ordinance to the Board to review a guardianship order shall be- (a) in accordance with Form 2; (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 9 Notice of review of guardianship order Where the Board is to review a guardianship order (whether pursuant to a review application or otherwise), the secretary shall, within 14 days of the receipt of a review application in respect of the order, or of the Board's specification of the date on which it will comply with the requirement of section 59U(2)(b) or (3) of the Ordinance to review the order, as the case may be, send notice of the review to- (a) the applicant where there is a review application; and (b) the persons referred to in section 59U(4)(a), (b) and (c) of the Ordinance entitled to make such an application (and whether or not there is such an application) except the guardian of the mentally incapacitated person where section 59T(1)(a) of the Ordinance is applicable. Cap 136E s 10 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 review of a guardianship order to the persons sent notice of the review under section 9, and any of those persons may submit comments thereon in writing to the Board. (2) The secretary shall not send a document referred to in subsection (1) (including any document containing comments referred to in that subsection) to a person referred to in that subsection if the Board, after considering the views, if any, of the person who prepared the document, has stated in writing- (a) that it believes that sending the document to that person would adversely affect the health or welfare of the mentally incapacitated person or others; and (b) its reasons for believing that sending the document to that person would have that effect.(3) Where a document is not to be disclosed pursuant to subsection (2) to a person who has a legal representative, the Board shall nevertheless disclose the document as soon as practicable to the representative. (4) No information disclosed to a legal representative in accordance with subsection (3) shall be- (a) disclosed either directly or indirectly to any other person without the authority of the Board; or (b) used otherwise than in connection with the review of the guardianship order concerned. Cap 136E s 11 Making application for guardianship directions PART IV DIRECTIONS APPLICATIONS An application for guardianship directions may be made to the Board and shall be- (a) in accordance with Form 3; (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 12 Notice of directions application (1) After the receipt of a directions application, the secretary shall, subject to paragraph (d), not later than 14 days of a decision, if any, of the Board to decline to dispose of the application under subsection (2), send a copy of the application to such of the following who are not the applicant- (a) the mentally incapacitated person; (b) the guardian of the mentally incapacitated person; (c) the Director of Social Welfare; (d) such relatives of the mentally incapacitated person as the Board thinks fit not later than 14 days after it decides that the relative concerned should be sent a copy of the application.(2) The Board may dispose of a directions application- (a) by giving guardianship directions in writing to the guardian to which the application relates and, if the applicant is not the guardian, sending a copy of those directions to the applicant; or |
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