【法规名称】
【法规编号】 44126 什么是编号？
【正 文】
第7页 CAP 136 MENTAL HEALTH ORDINANCE
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[接上页] Cap 136 s 15 Orders may be made on petition The Court may, on application made to it by petition concerning any matter whatsoever connected with the inquiry, make such order, subject to the provisions of this Ordinance, respecting the application and the costs thereof and of the consequent proceedings as shall under the circumstances seem just. Cap 136 s 16 (Repealed 81 of 1997 s. 12) Cap 136 s 17 Committee to execute instruments (1) The committee of the estate of the mentally incapacitated person shall, in his name and on his behalf, execute all such conveyances and instruments of transfer, relative to any sale, mortgage or other disposition of his estate as the Court shall order. (2) In like manner such committee shall, under the order of the Court, exercise all powers whatsoever vested in a mentally incapacitated person whether the same are vested in him for his own benefit or in the character of trustee or guardian. (Amended 81 of 1997 s. 58) Cap 136 s 18 (Repealed 81 of 1997 s. 13) Cap 136 s 19 (Repealed 81 of 1997 s. 14) Cap 136 s 20 (Repealed 81 of 1997 s. 15) Cap 136 s 21 Committee may dispose of lease Where a mentally incapacitated person is entitled to a lease or under-lease, and it appears to be for the benefit of his estate that it should be disposed of, the committee of the estate may by order of the Court surrender, assign or otherwise dispose of the same to such person for such valuable or nominal consideration and upon such terms as the Court shall think fit. (Amended 81 of 1997 s. 58) Cap 136 s 22 Transfer of stock of mentally incapacitated person Where any stock or Government security or any share or debenture in a public company, transferable within Hong Kong or the dividends of which are payable there, are standing in the name of, or are vested in, a mentally incapacitated person beneficially entitled thereto or a committee of the estate of a mentally incapacitated person or a trustee for him, and the committee or trustee dies intestate or himself becomes a mentally incapacitated person or is out of the jurisdiction of the Court, or it is uncertain whether the committee or trustee be living or dead or he neglects or refuses to transfer the stock, securities or shares or to receive and pay the dividends to a new committee or trustee, or as he directs, within 14 days after being required by him to do so, the Court may order some fit person to make such transfer or to transfer the same and to receive and pay over the dividends in such manner as the Court may direct, and such transfer or payment shall be valid and effectual for all purposes. (Amended 46 of 1988 s. 32; 81 of 1997 s. 58) Cap 136 s 23 Transfer of property of mentally incapacitated person residing out of Hong Kong Where any property situate in Hong Kong is standing in the name of or vested in any person residing out of Hong Kong, the Court, upon being satisfied that such person has been declared to be mentally incapacitated and that his personal estate has been vested in a committee, curator or manager according to the laws of the place where he is residing, may order some fit person to make such transfer of the property, or of any part thereof, to such committee, curator or manager or otherwise, and also to receive and pay over any proceeds or profits thereof as the Court may think fit; and any act done in pursuance of such order shall be valid and effectual for all purposes. (Amended 46 of 1988 s. 32; 81 of 1997 s. 16) Cap 136 s 24 Power to order maintenance without appointing committee If it appears to the Court, having regard to the situation and condition in life of the mentally incapacitated person and his family and the other circumstances of the case, to be expedient that his property should be made available for his or their maintenance in a direct and inexpensive manner, the Court may, instead of appointing a committee of the estate, order that the property, if money, or, if of any other description, the produce thereof when realized, be paid to such person as the Court may think fit to be applied for the purpose aforesaid, and all payments so made shall be a good discharge to the person making the same. (Amended 81 of 1997 s. 58) Cap 136 s 25 Temporary provision for maintenance of mentally incapacitated person If it appears to the Court that the mental incapacity of a mentally incapacitated person is in its nature temporary, and that it is expedient to make temporary provision for his maintenance or the maintenance of his family, the Court may in the manner provided by section 24 direct his property or a sufficient part of it to be applied for the purpose aforesaid. (Amended 81 of 1997 ss. 17 & 58) Cap 136 s 26 Order for detention of mentally disordered person When upon any inquiry under this Part any person has been found by the Court to be mentally disordered and incapable, by reason of mental disorder, of managing and administering his property and affairs, the Court may make an order for such person to be received into a mental hospital and send him in suitable custody, together with the order for his reception, to the mental hospital named in such order. |
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