【法规名称】
【法规编号】 44120 什么是编号？
【正 文】
第5页 CAP 136C MENTAL HEALTH REVIEW TRIBUNAL RULES
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[接上页] (3) Subrules (1) and (2) shall apply to decisions with recommendations as they apply to decisions by which applications are determined. (4) Where the tribunal makes a decision with recommendations, the decision shall specify the period at the expiration of which the tribunal will consider the case further in the event of those recommendations not being complied with. Cap 136C rule 24 Further consideration Where the tribunal has made a decision with recommendations and, at the end of the period referred to in rule 23(4), it appears to the tribunal after making appropriate inquiries of the responsible authority that any such recommendation has not been complied with, the tribunal may reconvene the proceedings after giving 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 fixed for the hearing. (Enacted 1988) Cap 136C rule 25 Time The time appointed by these rules for the doing of any act may, in the particular circumstances of the case, be extended or, with the exception of the periods of notice specified in rules 15(4), 19 and 24, abridged by the tribunal on such terms (if any) as it may think fit. (Enacted 1988) Cap 136C rule 26 Service of notices etc. Any document required or authorized by these rules to be sent or given to any person may be sent by prepaid post or delivered- (a) in the case of a document directed to the tribunal or the chairman, to the secretary; (b) in any other case, to the last known address of the person to whom the document is directed. (Enacted 1988) Cap 136C rule 27 Irregularities Any irregularity resulting from failure to comply with these rules before the tribunal has determined an application shall not of itself render the proceedings void, but the tribunal may, and shall if it considers that any person may have been prejudiced, take such steps as it thinks fit before determining the application to cure the irregularity, whether by the amendment of any document, the giving of any notice or otherwise. (Enacted 1988) Cap 136C rule 28 Application requiring the leave of the tribunal (1) Subject to this rule, where the leave of the tribunal to make an application is required by section 59B(5) of the Ordinance, these rules shall apply to a request for leave as if that request were an application. (2) Subrule (1)(b) and (c) and subrule (2)(b) and (c) of rule 6 and rule 19 shall not apply to the request for leave and proceedings on such a request unless the chairman otherwise directs. (3) Where an application is made which requires such leave, the chairman may direct that the application be treated as a request for leave and if he does so direct it shall be deemed to be such a request. (4) Without derogation from the power of the tribunal to grant or refuse such leave, such leave may be granted or refused by the chairman who, in the exercise of his functions under this subrule, shall have all the powers conferred on the tribunal by these rules. (5) Notwithstanding anything to the contrary in these rules a request for such leave may be considered by the chairman or, as the case may be, tribunal, summarily and without the presence of the person requesting leave or his representative or of the mentally incapacitated person (where he is not the person requesting leave). (L.N. 100 of 1998) Cap 136C rule 29 References Remarks: Adaptation amendments retroactively made - see 60 of 2000 s. 3 PART VI REFERENCES The tribunal shall consider a reference as if there had been an application by the patient and the provisions of these rules shall apply with the following modifications- (a) rules 3, 4 and 18 shall not apply; (b) the secretary shall, on receipt of the reference, send notice thereof to the patient and the responsible authority: Provided that where the reference has been made by the responsible authority, instead of the notice of reference there shall be sent to the responsible authority a request for the authority's statement;(c) rules 5, 6 and 7 shall apply as if rule 6(1) referred to the notice of reference, or the request for the authority's statement, as the case may be, instead of the notice of application; (d) a reference made by the Chief Executive may be withdrawn by him at any time before it is considered by the tribunal and, where a reference is so withdrawn, the secretary shall inform the patient and the other parties that the reference has been withdrawn. (60 of 2000 s. 3) (Enacted 1988) Cap 136C SCHEDULE [rule 6] STATEMENTS BY THE RESPONSIBLE AUTHORITY PART A Information relating to mentally incapacitated persons (other than conditionally discharged patients) 1. The full 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). 2. The age of the mentally incapacitated person. 3. The date of admission of the patient to the place in which the patient is currently detained or liable to be detained, or of the reception of the mentally incapacitated person into guardianship or when the mentally incapacitated person becomes a supervised person. |
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