Hong Kong Ordinances

MENTAL HEALTH ORDINANCE - SECT 59H

The tribunal: supplementary provisions

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

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

(1) The tribunal shall have power to hear, receive and examine evidence on
oath.

(2) The tribunal may, by notice under the hand of the chairman, summon any
witness and require the production of any document or record or other thing
which is relevant to the proceedings.

(3) Any person on whom a summons under subsection (2) has been served who-

   (a)  refuses or neglects, without sufficient cause, to appear or produce
        any document, record or other thing required to be produced; or

   (b)  refuses to be sworn or give evidence, commits an offence and is liable
        to a fine of $5000.

(4) The tribunal may pay allowances in respect of travelling expenses,
subsistence and loss of earnings to any person attending the tribunal as an
applicant or witness, to the relevant person who is the subject of the
proceedings if he attends otherwise than as the applicant or a witness and to
any person (other than counsel or a solicitor) who attends as the
representative of an applicant. (Amended 81 of 1997 s. 51)

(5) The tribunal may, and if so required by the Chief Executive shall, state
in the form of a special case for determination by the Court of First Instance
any question of law which may arise before it. (Amended 25 of 1998 s. 2; 60 of
2000 s. 3) (Part IVA added 46 of 1988 s. 23)