Hong Kong Regulations

MENTAL HEALTH REVIEW TRIBUNAL RULES - RULE 23

Communication of decisions

(Past version on 30/06/1997).

(1) The decision by which the tribunal determines an application may, at the
discretion of the tribunal, be announced by the chairman immediately after the
hearing of the case and, subject to subrule (2), the written decision of the
tribunal, including the reasons, shall be communicated in writing within 7
days of the hearing to all the parties.

(2) Where the tribunal considers that the full disclosure of the recorded
reasons for its decision to the mentally incapacitated person in accordance
with subrule (1) would adversely affect the health or welfare of the mentally
incapacitated person or others, the tribunal may instead communicate its
decision to him in such manner as it thinks appropriate and may communicate
its decision to the other parties subject to any conditions it may think
appropriate as to the disclosure thereof to the mentally incapacitated person:
Provided that, where the applicant or the mentally incapacitated person was
represented at the hearing by a person to whom documents would be disclosed in
accordance with rule 11(3), the tribunal shall disclose the full recorded
grounds of its decision to such a person, subject to any conditions it may
think appropriate as to disclosure thereof to the mentally incapacitated
person. (L.N. 100 of 1998)

(3) Subrules (1) and (2) shall apply to decisions with recommendations as they
apply to decisions by which applications are determined.

(4) Where the tribunal makes a decision with recommendations, the decision
shall specify the period at the expiration of which the tribunal will consider
the case further in the event of those recommendations not being complied
with.