【法规名称】
【法规编号】 44126 什么是编号？
【正 文】
第6页 CAP 136 MENTAL HEALTH ORDINANCE
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[接上页] (3) References in subsections (1) and (2) to the disposal of property are references to- (a) the sale, exchange, charging or other dealing (otherwise than by will) with property other than money; (b) the removal of property from one place to another; (c) the application of money in acquiring property; or (d) the transfer of money from one account to another,and references to property representing property disposed of shall be construed accordingly and as including the result of successive disposals. (4) The Court may give such directions as appear to it necessary or expedient for the purpose of facilitating the operation of subsection (1), including the carrying of money to a separate account and the transfer of property other than money. (Amended 32 of 2000 s. 48) (5) Where the Court has ordered, directed or authorized the expenditure of money for the carrying out of permanent improvements on, or otherwise for the permanent benefit of, any property of the mentally incapacitated person, it may order that the whole or any part of the money expended or to be expended shall be a charge upon the property, whether without interest or with interest at a specified rate; and an order under this subsection may provide for excluding or restricting the operation of subsection (1). (6) A charge under subsection (5) may be made in favour of such person as may be just, and in particular, where the money charged is paid out of the mentally incapacitated person's general estate, may be made in favour of a person as trustee for the mentally incapacitated person; but no charge under that subsection shall confer any right of sale or foreclosure during the lifetime of the mentally incapacitated person. (Added 81 of 1997 s. 9) Cap 136 s 11 Appointment of committees (1) If the Court is satisfied that the person who is alleged to be mentally incapacitated is incapable, by reason of mental incapacity, of managing and administering his property and affairs, the Court may, if it shall think fit, appoint a committee of the estate, and for this purpose, the Official Solicitor may be so appointed of such person and may make such order, if any, as to the remuneration of the committee out of such person's estate, and as to the giving of security by the committee, as to the Court may seem fit. (Amended 81 of 1997 s. 10) (2) A committee of the estate appointed under this Part shall do all such things in relation to the property and affairs of the mentally incapacitated person as the Court, in the exercise of the powers conferred on the Court under sections 10A and 10B, orders or directs the committee of the estate to do and may do any such thing in relation to the property and affairs of the mentally incapacitated person as the Court, in the exercise of those powers, authorizes the committee of the estate to do. (Replaced 81 of 1997 s. 10) (3) The provisions of Order 30, rules 5, 6 and 7 of the Rules of the High Court (Cap 4 sub. leg.) which apply to receivers shall apply to a committee of the estate as if the references to "receiver" in those rules were substituted by references to "committee of the estate". (Added 81 of 1997 s. 10. Amended 25 of 1998 s. 2) Cap 136 s 12 Powers of management of estate of mentally incapacitated person The Court may, on the appointment of a committee of the estate of a mentally incapacitated person, direct by the order of appointment or by any subsequent order that the person to whom the charge of the estate is committed shall have such powers for the management thereof as to the Court shall seem necessary and proper, reference being had to the nature of the property, whether movable or immovable, of which the estate may consist: (Amended 81 of 1997 ss. 11 & 58) Provided that such powers shall not extend to the sale or charge by way of mortgage of the estate or any part thereof or to the letting of any immovable property, unless for a term not exceeding 3 years. Cap 136 s 13 Powers of Registrar (1) The Registrar may, without an order of reference, receive any proposal and conduct any inquiry respecting the management of the estate of a mentally incapacitated person if such proposal relates to any matter which the committee of the estate has not been empowered by an order under section 12 to dispose of. (Amended 81 of 1997 s. 58) (2) The Registrar may likewise, without reference, receive and inquire into any proposal relating to the sale or charge by way of mortgage of the estate or of any part thereof or to the letting of any immovable property for a term exceeding 3 years. (3) The Registrar shall report to the Court on the proposal, and the Court shall, subject to the provisions of this Ordinance, make such order upon the report and respecting the costs as shall under the circumstances seem just. Cap 136 s 14 What relatives may attend proceedings The Court shall once in the matter of each inquiry, and may afterwards from time to time, determine whether any one or more, and, if any, how many and which of the relatives or next-of-kin shall attend before the Registrar at the cost of the estate in any proceeding connected with the management thereof, and, if any such relative or next-of-kin is an infant, may from time to time appoint a fit person to be his guardian for the purpose of such proceeding. |
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