Hong Kong Regulations

MENTAL HEALTH REVIEW TRIBUNAL RULES - RULE 6

Statements by the responsible authority

(Past version on 30/06/1997).

(1) The responsible authority shall send to the tribunal as soon as
practicable, and in any case within 8 weeks of receipt by him of the notice of
application, a statement containing-

   (a)  the information specified in Part A of the Schedule, in so far as it
        is within the knowledge of the responsible authority; and

   (b)  the report specified in paragraph 1 of Part B of the Schedule; and

   (c)  the other reports specified in Part B of the Schedule, in so far as it
        is reasonably practicable to provide them.

(2) Where the patient is a conditionally discharged patient, subrule (1) shall
not apply and the responsible authority shall send to the tribunal as soon as
practicable, and in any case within 8 weeks of receipt by him of the notice of
application, a statement containing-

   (a)  the information specified in Part C of the Schedule, in so far as it
        is within the knowledge of the responsible authority; and

   (b)  the reports specified in Part D of the Schedule, in so far as it is
        reasonably practicable to provide them.

(3) Any part of the authority's statement which in the opinion of the
responsible authority should be withheld from the applicant or (where he is
not the applicant) the mentally incapacitated person on the ground that its
disclosure would adversely affect the health or welfare of the mentally
incapacitated person or others, shall be made in a separate document in which
shall be set out the reasons for believing that its disclosure would have that
effect. (L.N. 100 of 1998)

(4) The secretary shall send a copy of the authority's statement to the
applicant and (where he is not the applicant) the mentally incapacitated
person, excluding any part of the statement which is contained in a separate
document in accordance with subrule (3). (L.N. 100 of 1998)