Hong Kong Regulations

MENTAL HEALTH REVIEW TRIBUNAL RULES - RULE 28

Application requiring the leave of the tribunal

(Past version on 30/06/1997).

(1) Subject to this rule, where the leave of the tribunal to make an
application is required by section 59B(5) of the Ordinance, these rules shall
apply to a request for leave as if that request were an application.

(2) Subrule (1)(b) and (c) and subrule (2)(b) and (c) of rule 6 and rule 19
shall not apply to the request for leave and proceedings on such a request
unless the chairman otherwise directs.

(3) Where an application is made which requires such leave, the chairman may
direct that the application be treated as a request for leave and if he does
so direct it shall be deemed to be such a request.

(4) Without derogation from the power of the tribunal to grant or refuse such
leave, such leave may be granted or refused by the chairman who, in the
exercise of his functions under this subrule, shall have all the powers
conferred on the tribunal by these rules.

(5) Notwithstanding anything to the contrary in these rules a request for such
leave may be considered by the chairman or, as the case may be, tribunal,
summarily and without the presence of the person requesting leave or his
representative or of the mentally incapacitated person (where he is not the
person requesting leave). (L.N. 100 of 1998)