【法规名称】
【法规编号】 44116 什么是编号？
【正 文】
第4页 CAP 136E MENTAL HEALTH GUARDIANSHIP BOARD RULES
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[接上页] (4) Before the Board resumes a hearing which has been adjourned without a further hearing date being fixed the secretary shall give to all parties not less than 14 days' notice (or such shorter notice as all parties may consent to) of the date, time and place of the resumed hearing. Cap 136E s 20 Two or more pending applications, etc. (1) The Board may consider more than one application, whether with or without a review of a guardianship order not arising from an application, in respect of a mentally incapacitated person at the same time and may for this purpose adjourn the proceedings relating to an application or review of a guardianship order where there is no application. (2) Where the Board considers more than one application in respect of a mentally incapacitated person at the same time, each applicant (if more than one) shall have the same rights under these Rules as he would have if he were the only applicant. Cap 136E s 21 Transfer of proceedings Where any proceedings in relation to a mentally incapacitated person have not been disposed of by the members of the Board constituted for the purpose because of the illness or death of any such members, and the Chairperson is of the opinion that it is not practicable or not possible without undue delay for the consideration of those proceedings to be completed by those members, he shall make arrangements for them to be heard by other members of the Board. Cap 136E s 22 Withdrawal of application (1) An application may be withdrawn at any time at the request of the applicant provided that the request is made in writing and the Board agrees. (2) Where an application is withdrawn, the secretary shall so inform the parties. Cap 136E s 23 Notice of hearing The secretary shall give at least 14 days' notice of the date, time and place fixed for the hearing of an application or a review of a guardianship order where there is no application, or such shorter notice as all parties may consent to, to all the parties. Cap 136E s 24 Privacy of proceedings (1) The Board may exclude from any hearing or part of a hearing any person or class of persons, other than a legal representative of an applicant (where there is an application) or of a mentally incapacitated person, and in any case where the Board decides to exclude the applicant, if any, or the mentally incapacitated person or their legal representatives or a legal representative of the Director of Social Welfare, it shall inform the person excluded of its reasons and record those reasons in writing. (2) Except in so far as the Board may direct, information about proceedings before the Board and the names of any persons concerned in the proceedings shall not be made public in any case where the proceedings were conducted wholly or partly in the absence of the public. Cap 136E s 25 Hearing procedure (1) The Board may conduct the hearing in such manner as it considers most suitable bearing in mind the health and welfare of the mentally incapacitated person and it shall, so far as appears to it appropriate, seek to avoid formality in its proceedings. (2) At any time before an application is determined, or the review of a guardianship order is concluded where there is no application, the Board or any one or more of its members may interview the mentally incapacitated person, and shall interview him if he so requests, but no interview shall be held unless there is not less than 1 other individual present in addition to the mentally incapacitated person and the individual interviewing him. (3) At the beginning of the hearing the Chairperson shall explain the manner of proceedings which the Board proposes to adopt. (4) Subject to section 24(1) and section 59O(1) of the Ordinance, any party and, with the permission of the Board, any other person, may appear at the hearing and take such part in the proceedings as the Board thinks proper; and the Board shall in particular hear and take evidence from the applicant, if any, the proposed guardian or guardian, if any, registered medical practitioners, if any, the Director of Social Welfare and, so far as is practicable, the mentally incapacitated person who may all hear each other's evidence, put questions to each other, call witnesses and put questions to any witness or other person appearing before the Board. (5) After all the evidence has been given, the applicant, if any, and the mentally incapacitated person shall be given a further opportunity to address the Board. Cap 136E s 26 Decisions The decision by which the Board determines an application, or concludes a review of a guardianship order where there is no application, shall be recorded in writing and the record thereof shall be signed by the Chairperson and state the reasons for the decision. Cap 136E s 27 Communication of decisions (1) The decision by which the Board determines an application, or concludes a review of a guardianship order where there is no application, may, at the discretion of the Board, be announced by the Chairperson immediately after the hearing of the case and, subject to subsection (2), the written decision of the Board, including the reasons, shall be communicated in writing within 7 days of the hearing to all the parties. |
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