【法规名称】
【法规编号】 44116 什么是编号？
【正 文】
第3页 CAP 136E MENTAL HEALTH GUARDIANSHIP BOARD RULES
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[接上页] (b) by sending a notice to the applicant stating that the Board declines to give guardianship directions to the guardian and the reasons why it so declines.(3) It is hereby declared that a directions application disposed of as provided in subsection (2) does not prevent the applicant from making any further such application and, in any such case, this section shall apply again accordingly. Cap 136E s 13 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 directions application to the applicant and the persons sent a copy of the application under section 12(1)(a), (b) and (c), 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 directions application concerned. Cap 136E s 14 Application of this Part PART V PROVISIONS APPLICABLE TO GUARDIANSHIP APPLICATIONS, REVIEWS OF GUARDIANSHIP ORDERS AND DIRECTIONS APPLICATIONS (1) The provisions of this Part shall apply to and in relation to- (a) a guardianship application; (b) a review application; (c) a review of a guardianship order where section 59U(2)(b) or (3) of the Ordinance requires the review; (d) a directions application.(2) In this Part, unless the context otherwise requires- "application" (申请) means a guardianship application, a review application or a directions application. Cap 136E s 15 Disqualification of Board members A person shall not be qualified to serve as a member of the Board for the purpose of any proceedings where he has- (a) a personal connection with the mentally incapacitated person concerned; or (b) a conflict of interest with the mentally incapacitated person. Cap 136E s 16 Legal representation (1) In any proceedings before the Board, a party to the proceedings may appear and be heard and be legally represented. (2) The legal representative of a party to any proceedings before the Board shall, as soon as practicable, notify the Board in writing of his name and postal address and the name of the party he represents. (3) The secretary shall send to a legal representative of a party to proceedings before the Board copies of all notices and documents which are by these Rules required or authorized to be sent to the party and the representative may take all such steps and do all such things relating to the proceedings as the party is by these Rules required or authorized to take or do. (4) Unless the Board otherwise directs, in any proceedings before the Board a party to the proceedings appearing before the Board may be accompanied by such other person or persons as he wishes, in addition to any legal representative. Cap 136E s 17 Directions Subject to the provisions of these Rules, the Board may give such directions as it thinks fit to ensure the speedy and just determination of any application or any review of a guardianship order where there is no application. Cap 136E s 18 Further information (1) Before or during any hearing the Board may call for such further information or reports as it may think desirable, and may give directions as to the manner in which the persons by whom such material is to be furnished. (2) Section 7, 10 or 13, as the case may require, shall apply to any further information or reports obtained by the Board. Cap 136E s 19 Adjournment (1) The Board may at any time adjourn a hearing for the purpose of obtaining further information or for such other purposes as it may think appropriate. (2) Before adjourning a hearing, the Board may give such directions as it thinks fit for ensuring the prompt consideration of an application, or review of a guardianship order where there is no application, at an adjourned hearing. (3) Where the applicant (where there is an application), the mentally incapacitated person, the guardian, if any, of the mentally incapacitated person or the Director of Social Welfare requests that a hearing adjourned in accordance with this section be resumed, the hearing shall be resumed provided that the Board is satisfied that resumption would be in the interests of the mentally incapacitated person. |
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