【法规名称】
【法规编号】 44120 什么是编号？
【正 文】
第4页 CAP 136C MENTAL HEALTH REVIEW TRIBUNAL RULES
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[接上页] Cap 136C rule 19 Notice of bearing PART IV THE HEARING The secretary shall give at least 14 days' notice of the date, time and place fixed for the hearing (or such shorter notice as all parties may consent to) to all the parties. (Enacted 1988) Cap 136C rule 20 Privacy of proceedings (1) The tribunal shall sit in private unless the mentally incapacitated person requests a hearing in public and the tribunal is satisfied that a hearing in public would not be contrary to the interests of the mentally incapacitated person. (L.N. 4 of 1989; L.N. 100 of 1998) (2) When the tribunal sits in private it may admit to the hearing such persons on such terms and conditions as it considers appropriate. (3) The tribunal may exclude from any hearing or part of a hearing any person or class of persons, other than a representative of the applicant or of the mentally incapacitated person to whom documents would be disclosed in accordance with rule 11(3), and in any case where the tribunal decides to exclude the applicant or the mentally incapacitated person or their representatives or a representative of the responsible authority, it shall inform the person excluded of its reasons and record those reasons in writing. (L.N. 100 of 1998) (4) Except in so far as the tribunal may direct, information about proceedings before the tribunal and the names of any persons concerned in the proceedings shall not be made public. Cap 136C rule 21 Hearing procedure (1) The tribunal may conduct the hearing in such manner as it considers most suitable bearing in mind the health and interests 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 the application is determined, the tribunal or any one or more of its members may interview the mentally incapacitated person, and shall interview him if he so requests, and the interview may, and shall if the mentally incapacitated person so requests, take place in the absence of any other person. (3) At the beginning of the hearing the chairman shall explain the manner of proceeding which the tribunal proposes to adopt. (4) Subject to rule 20(3), any party and, with the permission of the tribunal, any other person, may appear at the hearing and take such part in the proceedings as the tribunal thinks proper; and the tribunal shall in particular hear and take evidence from the applicant, the mentally incapacitated person (where he is not the applicant) and the responsible authority 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 tribunal. (5) After all the evidence has been given, the applicant and (where he is not the applicant) the mentally incapacitated person shall be given a further opportunity to address the tribunal. (L.N. 100 of 1998) Cap 136C rule 22 Decisions PART V DECISIONS, FURTHER CONSIDERATION AND MISCELLANEOUS PROVISIONS (1) Any decision of the majority of the members of a tribunal shall be the decision of the tribunal and, in the event of an equality of votes, the chairman of the tribunal shall have a second or casting vote. (2) The decision by which the tribunal determines an application shall be recorded in writing; the record shall be signed by the chairman and shall give the reasons for the decision and, in particular, where the tribunal relies upon any of the matters set out in section 59E(2) or (5) of the Ordinance, shall state its reasons for being satisfied as to those matters. (3) Subrules (1) and (2) shall apply to decisions with recommendations as they apply to decisions by which applications are determined. (Enacted 1988) Cap 136C rule 23 Communication of decisions (1) The decision by which the tribunal determines an application may, at the discretion of the tribunal, be announced by the chairman immediately after the hearing of the case and, subject to subrule (2), the written decision of the tribunal, including the reasons, shall be communicated in writing within 7 days of the hearing to all the parties. (2) Where the tribunal considers that the full disclosure of the recorded reasons for its decision to the mentally incapacitated person in accordance with subrule (1) would adversely affect the health or welfare of the mentally incapacitated person or others, the tribunal may instead communicate its decision to him in such manner as it thinks appropriate and may communicate its decision to the other parties subject to any conditions it may think appropriate as to the disclosure thereof to the mentally incapacitated person: Provided that, where the applicant or the mentally incapacitated person was represented at the hearing by a person to whom documents would be disclosed in accordance with rule 11(3), the tribunal shall disclose the full recorded grounds of its decision to such a person, subject to any conditions it may think appropriate as to disclosure thereof to the mentally incapacitated person. (L.N. 100 of 1998) |
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