Hong Kong Ordinances

MENTAL HEALTH ORDINANCE - SECT 59K

Functions and powers of Board

(1) The Guardianship Board shall-

   (a)  consider and determine applications for the appointment of guardians
        of mentally incapacitated persons who have attained the age of 18
        years;

   (b)  make guardianship orders in respect of mentally incapacitated  persons
        and taking into account their individual needs, including the making
        of such orders in an emergency where those persons are in danger or
        are being, or likely to be, maltreated or exploited;

   (c)  review guardianship orders;

   (d)  give directions to guardians as to the nature and extent of
        guardianship orders made under section 59O appointing those guardians,
        including directions as to the exercise, extent and duration of any
        particular powers and duties of those guardians contained in such
        terms and conditions (if any) that those guardianship orders may be
        subject under subsection (2) of that section;

   (e)  perform such other functions as are imposed on it under this Ordinance
        or any other enactment, and in so doing shall observe and apply the
        matters or principles referred to in subsection (2).

(2) The matters or principles that the Board shall observe and apply in the
performance of its functions or the exercise of its powers are as follows,
namely-

   (a)  that the interests of the mentally incapacitated person the subject of
        the proceedings are promoted, including overriding the views and
        wishes of that person where the Board considers such action is in the
        interests of that person;

   (b)  despite paragraph (a), that the views and wishes of the
        mentally incapacitated person are, in so far as they may be
        ascertained, respected. (Part IVB added 81 of 1997 s. 52)