【法规名称】
【法规编号】 44120 什么是编号？
【正 文】
第3页 CAP 136C MENTAL HEALTH REVIEW TRIBUNAL RULES
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[接上页] (L.N. 100 of 1998) Cap 136C rule 11 Disclosure of documents (1) Subject to subrule (2), the secretary shall, as soon as practicable, send a copy of every document the tribunal receives which is relevant to the application to the applicant, and (where he is not the applicant) the mentally incapacitated person, the responsible authority and any of those persons may submit comments thereon in writing to the tribunal. (2) As regards any documents which have been received by the tribunal but which have not been copied to the applicant or the mentally incapacitated person, including documents withheld in accordance with rule 6, the tribunal shall consider whether disclosure of such documents would adversely affect the health or welfare of the mentally incapacitated person or others and, if satisfied that it would, shall record in writing its decision not to disclose such documents. (3) Where the tribunal is minded not to disclose any document to which subrule (1) applies to an applicant or a mentally incapacitated person who has an authorized representative, it shall nevertheless disclose it as soon as practicable to that representative if he is- (a) a barrister or solicitor; (b) a registered medical practitioner; or (c) in the opinion of the tribunal, a suitable person by virtue of his experience or professional qualification:Provided that no information disclosed in accordance with this subrule shall be disclosed either directly or indirectly to the applicant or (where he is not the applicant) to the mentally incapacitated person or to any other person without the authority of the tribunal or used otherwise than in connection with the application. (L.N. 100 of 1998) Cap 136C rule 12 Directions Subject to the provisions of these rules, the tribunal may give such directions as it thinks fit to ensure the speedy and just determination of the application. (Enacted 1988) Cap 136C rule 13 Evidence The tribunal may receive in evidence any document or information notwithstanding that such document or information would be inadmissible in a court of law. (Enacted 1988) Cap 136C rule 14 Further information (1) Before or during any hearing the tribunal may call for such further information or reports as it may think desirable, and may give directions as to the manner in which and the persons by whom such material is to be furnished. (2) Rule 11 shall apply to any further information or reports obtained by the tribunal. (Enacted 1988) Cap 136C rule 15 Adjournment (1) The tribunal 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 any hearing, the tribunal may give such directions as it thinks fit for ensuring the prompt consideration of the application at an adjourned hearing. (3) Where the applicant or the mentally incapacitated person (where he is not the applicant) or the responsible authority requests that a hearing adjourned in accordance with this rule be resumed, the hearing shall be resumed provided that the tribunal is satisfied that resumption would be in the interests of the mentally incapacitated person. (L.N. 100 of 1998) (4) Before the tribunal resumes any 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 136C rule 16 Transfer of proceedings Where any proceedings in relation to a mentally incapacitated person have not been disposed of by the members of the tribunal appointed for the purpose, and the chairman 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 tribunal. (L.N. 100 of 1998) Cap 136C rule 17 Two or more pending applications (1) The tribunal may consider more than one application in respect of a mentally incapacitated person at the same time and may for this purpose adjourn the proceedings relating to any application. (2) Where the tribunal considers more than one application in respect of the 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. (L.N. 100 of 1998) Cap 136C rule 18 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 tribunal agrees. (2) If a mentally incapacitated person ceases to be liable to be detained, subject to guardianship, or to be a supervised person, in Hong Kong, any application relating to that mentally incapacitated person shall be deemed to be withdrawn. (L.N. 100 of 1998) (3) Where an application is withdrawn, or deemed to be withdrawn, the tribunal shall so inform the parties. |
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