Hong Kong Ordinances

MENTAL HEALTH ORDINANCE - SECT 27

Annulling proceedings

(Past version on 30/06/1997).

(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)