Hong Kong Ordinances

MENTAL HEALTH ORDINANCE - SECT 59A

Mental Health Review Tribunal

(Past version on 01/07/1997).
(Past version on 30/06/1997).

Adaptation amendments retroactively made - see 60 of 2000 s. 3 PART IVA

MENTAL HEALTH REVIEW TRIBUNAL

(1) There shall be a tribunal known as the Mental Health Review Tribunal for
the purpose of dealing with applications and references by and in respect of
patients under this Ordinance or mentally handicapped
persons to whom Part IIIA or IIIB applies, as the case may be, ("relevant
persons"). (Amended 81 of 1997 s. 44)

(2) The tribunal shall consist of-

   (a)  a chairman appointed by the Chief Executive and having such legal
        experience as the Chief Executive considers suitable;

        (b)	persons (referred to in this Part as "the medical members") 
being registered medical practitioners appointed by the Chief Executive on the
recommendation of the Hospital Authority within the meaning of the
Hospital Authority Ordinance ( Cap 113); (Amended L.N. 76 of 1989; 68 of 1990
s. 24)

        (c)	persons (referred to in this Part as "the social work members") 
appointed by the Chief Executive who have such experience and knowledge of
social work as the Chief Executive considers suitable; and

   (d)  persons appointed by the Chief Executive and having such experience
        and knowledge of administration, clinical psychology, or such other
        qualifications or experience, as the Chief Executive considers
        suitable. (Amended 60 of 2000 s. 3)

(3) The members of the tribunal shall hold and vacate office under the terms
of the instrument under which they are appointed, but may resign office by
notice in writing to the Chief Executive. (Amended 60 of 2000 s. 3)

(4) Any member of the tribunal who ceases to hold office shall be eligible for
re-appointment.

(5) Subject to the rules referred to in section 59G, the members who are, with
the chairman, to exercise the functions of the tribunal for the purposes of
any proceedings or class or group of proceedings under this Ordinance shall be
appointed by the chairman, and of the members so appointed-

   (a)  one or more shall be appointed from the medical members;

   (b)  one or more shall be appointed from the social work members; and

   (c)  one or more shall be appointed from the members who are neither
        medical members nor social work members.

(6) Subject to the rules referred to in section 59G, the jurisdiction of the
tribunal may be exercised by the chairman and 3 of its members, and references
in this Ordinance to the tribunal shall be construed accordingly.

(7) The Registrar of the High Court may defray the expenses of the tribunal to
such amount as he may, with the consent of the Financial Secretary, determine.
(Amended 25 of 1998 s. 2)

(8) There shall be a secretary to the tribunal who shall be appointed by the
Chief Executive. (Amended 60 of 2000 s. 3)

(9) The persons recommended to the Chief Executive by the Hospital Authority
within the meaning of the Hospital Authority Ordinance ( Cap 113) under
subsection (2)(b) shall be persons who, in the opinion of the Director, have
relevant experience in psychiatry. (Amended L.N. 76 of 1989; 68 of 1990 s. 24;
60 of 2000 s. 3) (Part IVA added 46 of 1988 s. 23)