Hong Kong Ordinances

MENTAL HEALTH ORDINANCE - SECT 7

Court may order inquiry

(Past version on 30/06/1997).

PART II

MANAGEMENT OF PROPERTY AND AFFAIRS OF MENTALLY INCAPACITATED PERSONS (Replaced
81 of 1997 s. 5)

(1) The Court may, on application under this section, make an order directing
an inquiry whether any person subject to the jurisdiction of the Court who is
alleged to be mentally incapacitated is incapable, by reason of
mental incapacity, of managing and administering his property and affairs.
(Replaced 81 of 1997 s. 6)

(2) Such order may also contain directions for inquiries concerning the nature
of the property belonging to the person alleged to be mentally  incapacitated,
the persons who are his relative or next-of-kin, the time during which he has
been mentally incapacitated or such other questions as to the Court shall seem
proper. (Amended 81 of 1997 ss. 6 & 58)

(3) Application for such inquiry may be made by any relative of the person
alleged to be a mentally incapacitated person, but if no such application is
made by the relative, then by-

   (a)  the Director of Social Welfare;

   (b)  the Official Solicitor; or

   (c)  any guardian of that person appointed under Part IVB. (Replaced 81 of
        1997 s. 6)

(4) The application referred to in subsection (3) shall be made by an
originating summons (within the meaning of the Rules of the High Court ( Cap 4
sub. leg.)) and those Rules shall apply accordingly. (Added 81 of 1997 s. 6.
Amended 25 of 1998 s. 2)

(5) Despite subsection (4), the application referred to in subsection (3)
shall be accompanied by 2 medical certificates and evidence 
of the relatives or next-of-kin and the property (if any) of the mentally 
incapacitated person, and such other documents or evidence as may be required
by the Court. (Added 81 of 1997 s. 6)

(6) In this section-

"evidence of the relatives or next-of-kin and the property"
(關於親屬或最近親及財產的證 據) means a certificate made and
signed by the applicant or, if the Court so orders in a particular case, an
affidavit, giving particulars of the mentally incapacitated person's relatives
or next-of-kin, property and affairs and of the circumstances giving rise to
the application;

"medical certificate" (醫生證明書) means a certificate made and signed by
a registered medical practitioner that the mentally incapacitated person is
incapable, by reason of mental incapacity, of managing and administering his
property and affairs. (Added 81 of 1997 s. 6)

"evidence of the relatives or next-of-kin and the property"
(關於親屬或最近親及財產的證 據)

"medical certificate" (醫生證明書)