【法规名称】
【法规编号】 44126 什么是编号？
【正 文】
第8页 CAP 136 MENTAL HEALTH ORDINANCE
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[接上页] (Replaced 81 of 1997 s. 18) Cap 136 s 26A Order for potential guardianship of mentally incapacitated person When upon any inquiry under this Part any person has been found by the Court to be mentally incapacitated and incapable, by reason of mental incapacity, of managing and administering his property and affairs, the Court may recommend the applicant under this Part to make an application for a guardianship order under Part IVB, unless the mentally incapacitated person has already been received into guardianship under this Ordinance. (Added 81 of 1997 s. 19) Cap 136 s 26B Variation of powers of committee of the estate or the replacement of committee of the estate (1) The Court may, on an application under subsection (2), make an order- (a) to vary any powers of a committee of the estate ("relevant committee") appointed under section 11 or this section; (b) to replace the relevant committee by another committee of the estate, and where the relevant committee is not the Official Solicitor he may be so appointed.(2) An application under this section may be made by any relative of the person alleged to be a mentally incapacitated person, but if no such application is made by such relative, then by- (a) the Director of Social Welfare; (b) the Official Solicitor; (c) any guardian of that person appointed under Part IVB; or (d) the relevant committee. (Added 81 of 1997 s. 19) Cap 136 s 27 Annulling proceedings (1) When any person has been found to be mentally incapacitated and it shall be shown to the Court, either on the application of such person or of any other person acting on his behalf or on the information of any other person, that there is reason to believe that such person has become capable of managing and administering his property and affairs, the Court may make an order for inquiry whether such person is so capable. (2) An inquiry under this section shall be conducted in the same manner as an inquiry under section 10(1), and the power under section 9 to examine a person alleged to be mentally incapacitated shall be applied accordingly. (Replaced 81 of 1997 s. 20) (3) If it be found on such inquiry that the person who is the subject of the inquiry has become capable of managing and administering his affairs, the Court shall order all proceedings in such matter to cease or to be set aside on such terms and conditions as under the circumstances of the case shall appear proper. (4) A committee of the estate appointed under this Part for any mentally incapacitated person shall be discharged by order of the Court on the Court being satisfied that that person has become capable of managing and administering his property and affairs, and may be discharged by order of the Court at any time if the Court considers it expedient to do so, and such a committee of the estate shall be discharged (without any order) on the death of the mentally incapacitated person. (Added 81 of 1997 s. 20) (Amended 81 of 1997 s. 20) Cap 136 s 28 References to tribunal by medical superintendent Where the Court has made an order under section 27(3) in respect of any person detained in a mental hospital, the medical superintendent of the mental hospital shall forthwith, on the production of a certified copy of such order, refer the case to the tribunal under section 59D(1)(a). (Replaced 81 of 1997 s. 21) Cap 136 s 29 (Repealed 46 of 1988 s. 4) PART III RECEPTION, DETENTION AND TREATMENT OF PATIENTS (Amended 81 of 1997 s. 22) Cap 136 s 30 Voluntary patients (1) If a person appears to require treatment in a mental hospital and if he, or in the case of a person under the age of 16 years, his parent or guardian- (a) is desirous that such person should receive such treatment; and (b) completes an application in writing; and (c) lodges the application with a medical superintendent,the medical superintendent may admit such person as a voluntary patient. (2) A voluntary patient- (a) shall be entitled to leave the mental hospital after the expiration of 7 days from his, or if he is under the age of 16 years, his parent or guardian, giving notice in writing; or, in the discretion of the medical superintendent, verbal notice, to the medical superintendent of the intention of the voluntary patient to leave the mental hospital: Provided that a medical superintendent may in his absolute discretion discharge a voluntary patient at any time within such period of 7 days; and(b) shall leave the mental hospital within 72 hours after he, or if he is under the age of 16 years his parent or guardian, has received from the medical superintendent notice in writing, signed by the medical superintendent, stating that the medical superintendent is satisfied that it is not necessary that the voluntary patient should remain in the mental hospital and that the voluntary patient is required to leave the mental hospital.(3) A person who became a voluntary patient when he was under the age of 16 years shall not remain in a mental hospital as a voluntary patient for more than 28 days after he has attained the age of 16 years unless during such period of 28 days he shall have completed and lodged with the medical superintendent such application as is referred to in subsection (1). |
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