【法规名称】
【法规编号】 44126 什么是编号？
【正 文】
第3页 CAP 136 MENTAL HEALTH ORDINANCE
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[接上页] (3) Notification of every such order shall be published in the Gazette. (Amended 60 of 2000 s. 3) Cap 136 s 4 Appointment of medical superintendents and assistant medical superintendents Remarks: Adaptation amendments retroactively made - see 60 of 2000 s. 3 (1) The Chief Executive may appoint any medical officer to be the medical superintendent or an assistant medical superintendent of a mental hospital. (2) On the application of any registered medical practitioner who is not a medical officer, the Chief Executive may appoint the registered medical practitioner to be the medical superintendent or an assistant medical superintendent of a mental hospital. (Amended 81 of 1997 s. 4) (3) Notification of every such appointment shall be published in the Gazette. (Amended 60 of 2000 s. 3) Cap 136 s 5 Appointment and duties of visitors Remarks: Adaptation amendments retroactively made - see 60 of 2000 s. 3 (1) The Chief Executive may appoint mental hospital visitors for every mental hospital. (Amended 60 of 2000 s. 3) (2) Two or more mental hospital visitors appointed in accordance with subsection (1) shall once at least in every month, together inspect every part of the mental hospital of which they are mental hospital visitors and shall see and examine so far as circumstances permit, every patient therein and shall enter in a book to be kept for that purpose any remarks which they may deem proper in regard to the management and condition of the mental hospital and the patients therein. (Amended 46 of 1988 s.3) Cap 136 s 6 Delegation A medical superintendent may delegate any of his powers and functions under this Ordinance to any registered medical practitioner and may use and employ to carry out his functions under this Ordinance any employee in a mental hospital. Cap 136 s 7 Court may order inquiry PART II MANAGEMENT OF PROPERTY AND AFFAIRS OF MENTALLY INCAPACITATED PERSONS (Replaced 81 of 1997 s. 5) (1) The Court may, on application under this section, make an order directing an inquiry whether any person subject to the jurisdiction of the Court who is alleged to be mentally incapacitated is incapable, by reason of mental incapacity, of managing and administering his property and affairs. (Replaced 81 of 1997 s. 6) (2) Such order may also contain directions for inquiries concerning the nature of the property belonging to the person alleged to be mentally incapacitated, the persons who are his relative or next-of-kin, the time during which he has been mentally incapacitated or such other questions as to the Court shall seem proper. (Amended 81 of 1997 ss. 6 & 58) (3) Application for such inquiry may be made by any relative of the person alleged to be a mentally incapacitated person, but if no such application is made by the relative, then by- (a) the Director of Social Welfare; (b) the Official Solicitor; or (c) any guardian of that person appointed under Part IVB. (Replaced 81 of 1997 s. 6)(4) The application referred to in subsection (3) shall be made by an originating summons (within the meaning of the Rules of the High Court (Cap 4 sub. leg.)) and those Rules shall apply accordingly. (Added 81 of 1997 s. 6. Amended 25 of 1998 s. 2) (5) Despite subsection (4), the application referred to in subsection (3) shall be accompanied by 2 medical certificates and evidence of the relatives or next-of-kin and the property (if any) of the mentally incapacitated person, and such other documents or evidence as may be required by the Court. (Added 81 of 1997 s. 6) (6) In this section- "evidence of the relatives or next-of-kin and the property" (关于亲属或最近亲及财产的证据) means a certificate made and signed by the applicant or, if the Court so orders in a particular case, an affidavit, giving particulars of the mentally incapacitated person's relatives or next-of-kin, property and affairs and of the circumstances giving rise to the application; "medical certificate" (医生证明书) means a certificate made and signed by a registered medical practitioner that the mentally incapacitated person is incapable, by reason of mental incapacity, of managing and administering his property and affairs. (Added 81 of 1997 s. 6) Cap 136 s 8 Provision as to notice of inquiry (1) Reasonable notice of the time and place appointed for the inquiry shall be given to the person alleged to be a mentally incapacitated person: Provided that if it shall appear that the person alleged to be a mentally incapacitated person is in such a state that personal service on him would be ineffectual, the Court may direct such substituted service of the notice as it shall think proper. (2) The Court may also, if it thinks fit, direct a copy of such notice to be served upon any relative of the person alleged to be a mentally incapacitated person. (Amended 81 of 1997 ss. 7 & 58) Cap 136 s 9 Power to examine person alleged to be mentally incapacitated At any time after the application for the inquiry the Court may require the person alleged to be a mentally incapacitated person to attend at such convenient time and place within Hong Kong as the Court may appoint, for the purpose of being personally examined by the Court or by any person from whom the Court may desire to have a report of his mental capacity and condition, and the Court may also make an order authorizing any person or persons named therein to have access to the person alleged to be a mentally incapacitated person for the purpose of a personal examination. |
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