Hong Kong Ordinances

MENTAL HEALTH ORDINANCE - SECT 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)