【法规名称】
【法规编号】 44126 什么是编号？
【正 文】
第4页 CAP 136 MENTAL HEALTH ORDINANCE
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[接上页] (Amended 46 of 1988 s. 32; 81 of 1997 s. 58) Cap 136 s 10 Questions to be decided by Court (1) At the inquiry, after receiving such reports and hearing such evidence and arguments as it may think fit, the Court shall decide whether the person who is alleged to be a mentally incapacitated person is incapable, by reason of mental incapacity, of managing and administering his property and affairs and shall also decide any other questions as to which an inquiry has been directed. (Replaced 81 of 1997 s. 8) (2) The Court may make such order as may appear just respecting the costs of the inquiry and may include therein such remuneration to physicians and surgeons as the Court shall deem reasonable: Provided that no order for the payment of costs shall be made against an applicant under section 7(3)(a) or (b). (Amended 81 of 1997 s. 8) Cap 136 s 10A General functions of Court with respect to property and affairs of mentally incapacitated person (1) The Court may, with respect to the property and affairs of a mentally incapacitated person, do or secure the doing of all such things as appear necessary or expedient- (a) for the maintenance or other benefit of that person; (b) for the maintenance or other benefit of members of that person's family; (c) for making provision for any other person or purposes for whom or for which the mentally incapacitated person might be expected to provide if he were not mentally incapacitated; or (d) otherwise for administering the mentally incapacitated person's property and affairs.(2) In the performance of the functions under subsection (1) the Court shall have regard- (a) as a paramount consideration, to the requirements of the mentally incapacitated person; (b) subject to paragraph (c), to the interest of creditors; (c) to the rules of common law which formerly restricted the enforcement by a creditor of rights against the property of a mentally incapacitated person under the control of the Court or other judicial authority (if any), which rules shall apply to property under the protection and management of the Court; and (d) to the desirability of making provision for obligations of the mentally incapacitated person notwithstanding that those obligations may not be legally enforceable. (Added 81 of 1997 s. 9) Cap 136 s 10B Powers of Court as to mentally incapacitated person's property and affairs (1) Without prejudice to the generality of section 10A, the Court shall have power to make such orders and give such directions and authorities as it thinks fit for the purposes of that section and in particular may for those purposes make orders or give directions or authorities for- (a) subject to section 12, the control and management of any property of the mentally incapacitated person, including such orders, directions or authorities in respect of the transfer or vesting of property or the payment into or lodgment in the Court of money or securities; (b) the sale, exchange, charging or other disposition of or dealing with any property (including the business premises) of the mentally incapacitated person; (c) the acquisition of any property in the name, or on behalf, of the mentally incapacitated person; (d) the settlement of any property of the mentally incapacitated person, or the gift of any property of that person to any other person or for any purposes described in section 10A(1)(b) or (c); (e) the execution for the mentally incapacitated person of a will making any provision (whether by way of disposing of property or exercising a power or otherwise) which could be made by a will executed by that person if he were not mentally incapacitated; (f) the carrying on by another suitable person of any profession, trade or business of the mentally incapacitated person; (g) the dissolution of a partnership of which the mentally incapacitated person is a member; (h) the carrying out of any contract entered into by the mentally incapacitated person; (i) the conduct of legal proceedings in the name of the mentally incapacitated person or on that person's behalf; (j) the reimbursement out of the property of the mentally incapacitated person, with or without interest, of money applied by any other person either in payment of the mentally incapacitated person's debts (whether legally enforceable or not) or for the maintenance or other benefit of the mentally incapacitated person or members of his family or in making provision for any other person or for any purposes for whom or for which he might be expected to provide if he were not mentally incapacitated; (k) the exercise of any power (including a power to consent) vested in the mentally incapacitated person, whether beneficially, or as guardian or trustee, or otherwise.(2) If under subsection (1) provision is made for the settlement of any property of a mentally incapacitated person, or the exercise of a power vested in that person of appointing trustees or retiring from a trust, the Court may make as respects the property so settled or the trust property such vesting or other orders as the case may require, including (in the case of the exercise of such a power) any order which could have been made under the Trustee Ordinance (Cap 29). |
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