【法规名称】
【法规编号】 44120 什么是编号？
【正 文】
CAP 136C MENTAL HEALTH REVIEW TRIBUNAL RULES
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(Cap 136 section 59G) [29 December 1989] L.N. 420 of 1989 (L.N. 305 of 1988) Cap 136C rule 1 Citation PART I INTRODUCTION These rules may be cited as the Mental Health Review Tribunal Rules (Enacted 1988) Cap 136C rule 2 Interpretation In these rules, unless the context otherwise requires- "decision with recommendations" (附有建议的决定) means a decision with recommendations in accordance with section 59E(1)(b) of the Ordinance; "guardianship" (监护) means guardianship under Part III or IIIA of the Ordinance; (L.N. 100 of 1998) "party" (覆核一方) means the applicant, the mentally incapacitated person, the responsible authority, and any other person to whom a notice under rule 7 is sent or who is added as a party by direction of the tribunal; (L.N. 100 of 1998) "private guardian" (非官方监护人) in relation to a mentally incapacitated person means a person, other than the Director of Social Welfare, who acts as guardian under Part III or IIIA of the Ordinance; (L.N. 100 of 1998) "proceedings" (法律程序) includes any proceedings of the tribunal following an application or reference in relation to a mentally incapacitated person; (L.N. 100 of 1998) "reference" (转介) means a reference under section 59C(1) or 59D(1) of the Ordinance; "responsible authority" (负责当局) means- (a) in relation to a patient liable to be detained in a mental hospital, or permitted to be absent under section 39 of the Ordinance, the medical superintendent; (b) in relation to a patient liable to be detained in the Correctional Services Department Psychiatric Centre, the Commissioner of Correctional Services; (c) in relation to a mentally incapacitated person subject to guardianship or who is a supervised person, the Director of Social Welfare; and (L.N. 100 of 1998) (d) in relation to a patient discharged conditionally under section 42B of the Ordinance- (i) where subsection (6) of that section applies the medical officer referred to in paragraph (c) of that subsection; and (ii) in any other case the medical superintendent;"secretary" (秘书) means the secretary to the tribunal appointed under section 59A(8) of the Ordinance. "supervised person" (受监管人) means a supervised person within the meaning of Part IIIB of the Ordinance. (L.N. 100 of 1998) Cap 136C rule 3 Making an application PART II PRELIMINARY MATTERS (1) An application shall be made to the tribunal in writing, signed by the applicant or any person authorized by him to do so on his behalf. (2) The application shall wherever possible include the following information- (a) the name of the mentally incapacitated person and the number of any current identity card issued to the mentally incapacitated person under the Registration of Persons Ordinance (Cap 177); (L.N. 100 of 1998) (b) the mentally incapacitated person's address, which shall include- (L.N. 100 of 1998) (i) the place where the patient is detained; or (ii) the name and address of the mentally incapacitated person's private guardian, and the number of any current identity card issued to the guardian under the Registration of Persons Ordinance (Cap 177); or (L.N. 100 of 1998) (iii) in the case of a conditionally discharged patient or a patient to whom leave of absence from hospital has been granted, the place where the patient was last detained or is liable to be detained, together with the patient's current address and the address of any psychiatric out-patient clinic that he is required to attend;(c) where the application is made by the mentally incapacitated person's relative, the name and address of the applicant, the number of any current identity card issued to the applicant under the Registration of Persons Ordinance (Cap 177), and the relationship of the applicant to the mentally incapacitated person; (L.N. 100 of 1998) (d) the section of the Ordinance under which the patient is detained or is liable to be detained; (e) the name and address of any representative authorized in accordance with rule 9 and the number of any current identity card issued to him under the Registration of Persons Ordinance (Cap 177) or, if none has yet been authorized, whether the applicant intends to authorize a representative or wishes to conduct his own case.(3) If any of the information specified in subrule (2) is not included in the application it shall, in so far as is practicable, be provided by the responsible authority. Cap 136C rule 4 Notice of application Within 14 days of the receipt of an application, or such further time as the tribunal may allow, the secretary shall send notice of the application to- (L.N. 4 of 1989) (a) the responsible authority; and (b) the mentally incapacitated person (where he is not the applicant). (L.N. 100 of 1998) Cap 136C rule 5 Preliminary and incidental matters As regards matters preliminary or incidental to an application, the chairman may, at any time up to the hearing of an application by the tribunal, exercise the powers of the tribunal under rules 4, 7, 9, 11, 12, 14, 18, 25 and 27. |
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