【法规名称】
【法规编号】 44120 什么是编号？
【正 文】
第2页 CAP 136C MENTAL HEALTH REVIEW TRIBUNAL RULES
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[接上页] (L.N. 4 of 1989) Cap 136C rule 6 Statements by the responsible authority (1) The responsible authority shall send to the tribunal as soon as practicable, and in any case within 8 weeks of receipt by him of the notice of application, a statement containing- (a) the information specified in Part A of the Schedule, in so far as it is within the knowledge of the responsible authority; and (b) the report specified in paragraph 1 of Part B of the Schedule; and (c) the other reports specified in Part B of the Schedule, in so far as it is reasonably practicable to provide them.(2) Where the patient is a conditionally discharged patient, subrule (1) shall not apply and the responsible authority shall send to the tribunal as soon as practicable, and in any case within 8 weeks of receipt by him of the notice of application, a statement containing- (a) the information specified in Part C of the Schedule, in so far as it is within the knowledge of the responsible authority; and (b) the reports specified in Part D of the Schedule, in so far as it is reasonably practicable to provide them.(3) Any part of the authority's statement which in the opinion of the responsible authority should be withheld from the applicant or (where he is not the applicant) the mentally incapacitated person on the ground that its disclosure would adversely affect the health or welfare of the mentally incapacitated person or others, shall be made in a separate document in which shall be set out the reasons for believing that its disclosure would have that effect. (L.N. 100 of 1998) (4) The secretary shall send a copy of the authority's statement to the applicant and (where he is not the applicant) the mentally incapacitated person, excluding any part of the statement which is contained in a separate document in accordance with subrule (3). (L.N. 100 of 1998) Cap 136C rule 7 Notice to other persons interested When the tribunal receives the authority's statement the secretary shall give notice of the proceedings- (a) where the mentally incapacitated person is subject to the guardianship of a private guardian, to the guardian; (L.N. 100 of 1998) (b) where the mentally incapacitated person's financial affairs are under the control of the Court of First Instance, to the Registrar of the High Court; and (25 of 1998 s. 2; L.N. 100 of 1998) (c) to any other person who, in the opinion of the tribunal, should have an opportunity of being heard. (Enacted 1988) Cap 136C rule 8 Disqualification of tribunal members A person shall not be qualified to serve as a member of the tribunal for the purpose of any proceedings where he has a personal connection with the mentally incapacitated person or has treated the mentally incapacitated person in a professional medical capacity within the preceding 12 months. (L.N. 100 of 1998) Cap 136C rule 9 Representation, etc. PART III GENERAL PROVISIONS (1) Any party may be represented by any person whom he has authorized for that purpose, not being- (a) a person liable to be detained, or subject to guardianship (including guardianship under Part IVB of the Ordinance), under the Ordinance or who is a supervised person; or (L.N. 100 of 1998) (b) a person receiving treatment for mental disorder at the same mental hospital as the patient; or (c) in the case of a patient liable to be detained at the Correctional Services Department Psychiatric Centre, a person liable to be detained there.(2) Any representative authorized in accordance with subrule (1) shall notify the tribunal of his authorization and postal address. (3) As regards the representation of any mentally incapacitated person who does not desire to conduct his own case and does not authorize a representative in accordance with subrule (1) the tribunal may appoint some person to act for him as his authorized representative. (L.N. 100 of 1998) (4) Without prejudice to rule 11(3), the secretary shall send to an authorized representative copies of all notices and documents which are by these rules required or authorized to be sent to the person whom he represents and such representative may take all such steps and do all such things relating to the proceedings as the person whom he represents is by these rules required or authorized to take or do. (5) Any document required or authorized by these rules to be sent or given to any person shall, if sent or given to the authorized representative of that person, be deemed to have been sent or given to that person. (6) Unless the tribunal otherwise directs, a mentally incapacitated person or any other party appearing before the tribunal may be accompanied by such other person or persons as he wishes, in addition to any representative he may have authorized. (L.N. 100 of 1998) Cap 136C rule 10 Medical examination At any time before the hearing of the application, the medical member or, where the tribunal includes more than one, at least one of them shall examine the mentally incapacitated person and take such other steps as he considers necessary to form an opinion of the mentally incapacitated person's mental condition; and for this purpose the mentally incapacitated person may be seen in private and all his medical records may be examined by the medical member, who may take such notes and copies of them as he may require, for use in connection with the application. |
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