MENTAL HEALTH (GUARDIANSHIP) REGULATIONS
- CHAPTER 136D

MENTAL HEALTH (GUARDIANSHIP) REGULATIONS - LONG TITLE  
Empowering section VerDate:30/06/1997



(Cap 136 section 72)

[29 December 1989] L.N. 420 of 1989

(L.N. 417 of 1989)



MENTAL HEALTH (GUARDIANSHIP) REGULATIONS - REGULATION 1
Citation VerDate:30/06/1997



These regulations may be cited as the Mental Health (Guardianship) 
Regulations.
(Enacted 1989)



MENTAL HEALTH (GUARDIANSHIP) REGULATIONS - REGULATION 2
Interpretation VerDate:01/02/1999



In these regulations, unless the context otherwise requires-
"Director" (署長) means the Director of Social Welfare;
"guardianship" (監護) means guardianship under Part III, IIIA or IVB of the 
Ordinance;
"private guardian" (非官方監護人) in relation to a mentally incapacitated person 
means a person other than the Director who is the guardian of the mentally 
incapacitated person under the Ordinance.
(L.N. 99 of 1998)
"Director" (署長)
"guardianship" (監護)
"private guardian" (非官方監護人)


MENTAL HEALTH (GUARDIANSHIP) REGULATIONS - REGULATION 2
Interpretation VerDate:30/06/1997



In these regulations, unless the context otherwise requires-
"Director" (署長) means the Director of Social Welfare;
"guardianship" (監護) means guardianship under Part III of the Ordinance;
"guardianship application" (監護申請) means an application under section 33;
"private guardian" (非官方監護人) in relation to a patient means a person other 
than the Director who is the guardian of the patient under the Ordinance.
(Enacted 1989)
"Director" (署長)
"guardianship" (監護)
"guardianship application" (監護申請)
"private guardian" (非官方監護人)


MENTAL HEALTH (GUARDIANSHIP) REGULATIONS - REGULATION 3
Duties of private guardians VerDate:01/02/1999




(1)	It shall be the duty of the private guardian of a mentally 
incapacitated person-

        (a)	to permit access to the mentally incapacitated person for the 
purpose of any visit by or on behalf of the Director in the exercise of 
his powers and duties under the Ordinance;

        (b)	to notify the Director of any change of his or the mentally 
incapacitated person's place of residence not later than 14 days after 
such change takes place;

        (c)	where the mentally incapacitated person has been absent for a 
continuous period of 28 days from the place last notified to the Director 
as the mentally incapacitated person's place of residence, to notify the 
Director of that fact as soon as is reasonably practicable and in any 
event not later than 14 days after the end of the continuous period of 28 
days;

        (d)	to furnish the Director with such reports or information with 
regard to the mentally incapacitated person as the Director may from time 
to time require;

        (e)	where it appears to the guardian that he will be unable to 
discharge the duties or functions of guardian for any period, to notify 
the Director of that fact as soon as practicable, and in any event within 
14 days, of the period for which it appears he will be unable to so act;

        (f)	in the event of the death of the mentally incapacitated person, 
to notify the Director of that fact as soon as is reasonably practicable 
and in any event not later than 14 days after the mentally incapacitated 
person's death;

        (g)	where it comes to his knowledge that the mentally incapacitated 
person has married or intends to marry, to notify the Director of that 
fact as soon as is reasonably practicable and in any event within 14 days 
of acquiring the knowledge;

        (h)	where-

        (i)	the mentally incapacitated person takes up employment or takes 
a place on a training or educational course;

        (ii)	there is any change in the nature and location of the mentally 
incapacitated person's employment or training or educational course; or

        (iii)	the mentally incapacitated person leaves any employment or 
gives up a place on a training or educational course,
to notify the Director of that event, the date thereof and the nature and 
location of the employment or training or educational course as soon as is 
reasonably practicable, and in any event not later than 14 days after such 
date;

        (i)	to give the Director at least 2 weeks' notice of the mentally 
incapacitated person's intended departure from Hong Kong; and  (L.N. 99 of 
1998)

        (j)	to take all reasonable steps to ensure the safety and welfare 
of the mentally incapacitated person and to arrange for the provision of 
adequate care for the mentally incapacitated person.

(2)	For the purpose of subregulation (1)(b), residence for a 
continuous period of 28 days at a place other than the place last notified 
to the Director shall constitute a change of address.
(L.N. 99 of 1998)



MENTAL HEALTH (GUARDIANSHIP) REGULATIONS - REGULATION 3
Duties of private guardians VerDate:30/06/1997




(1)	It shall be the duty of the private guardian of a patient-

        (a)	to permit access to the patient for the purpose of any visit by 
or on behalf of the Director in the exercise of his powers and duties 
under the Ordinance;

        (b)	to notify the Director of any change of his or the patient's 
place of residence not later than 14 days after such change takes place;

        (c)	where the patient has been absent for a continuous period of 14 
days from the place last notified to the Director as the patient's place 
of residence, to notify the Director of that fact as soon as is reasonably 
practicable and in any event not later than 14 days after the end of the 
continuous period of 14 days;

        (d)	to furnish the Director with such reports or information with 
regard to the patient as the Director may from time to time require;

        (e)	where it appears to the guardian that he will be unable to 
discharge the duties or functions of guardian for any period, to notify 
the Director of that fact as soon as practicable, and in any event within 
14 days, of the period for which it appears he will be unable to so act;

        (f)	in the event of the death of the patient, to notify the 
Director of that fact as soon as is reasonably practicable and in any 
event not later than 14 days after the patient's death;

        (g)	where it comes to his knowledge that the patient has married or 
intends to marry, to notify the Director of that fact as soon as is 
reasonably practicable and in any event within 14 days of acquiring the 
knowledge;

        (h)	where-

        (i)	the patient takes up employment or takes a place on a training 
or educational course;

        (ii)	there is any change in the nature and location of the 
patient's employment or training or educational course; or

        (iii)	the patient leaves any employment or gives up a place on a 
training or educational course,
to notify the Director of that event, the date thereof and the nature and 
location of the employment or training or educational course as soon as is 
reasonably practicable, and in any event not later than 14 days after such 
date;

        (i)	not to permit the patient to leave Hong Kong unless the 
Director has been given at least 2 weeks' notice of the patient's intended 
departure; and

        (j)	to take all reasonable steps to ensure the safety and welfare 
of the patient and to arrange for the provision of adequate care for the 
patient.

(2)	For the purpose of subregulation (1)(b), residence for a 
continuous period of 14 days at a place other than the place last notified 
to the Director shall constitute a change of address.
(Enacted 1989)



MENTAL HEALTH (GUARDIANSHIP) REGULATIONS - REGULATION 4
(Repealed L.N. 99 of 1998) VerDate:01/02/1999







MENTAL HEALTH (GUARDIANSHIP) REGULATIONS - REGULATION 4
Duty of Director to give information to patient VerDate:30/06/1997



Where a patient is received into guardianship pursuant to a guardianship 
application the Director shall as soon as practicable-

        (a)	inform the patient and, where known to the Director, a relative 
of the patient of the name of the guardian and the name of the person who 
made the application; and

        (b)	take such steps as are reasonably practicable to ensure that 
the patient and a relative of the patient understand the nature and effect 
of admission to guardianship and the rights available to the patient or 
his relative under the Ordinance to apply-

        (i)	to a District Judge for an order transferring the guardianship;

        (ii)	to the tribunal for a review of his case.
(Enacted 1989)



MENTAL HEALTH (GUARDIANSHIP) REGULATIONS - REGULATION 5
Duty of Director to ensure visits to mentally incapacitated person VerDate:01/02/1999




The Director shall arrange for every mentally incapacitated person 
received into guardianship to be visited on his behalf by an officer of 
the Social Welfare Department at intervals of not more than 6 months.
(L.N. 99 of 1998)


MENTAL HEALTH (GUARDIANSHIP) REGULATIONS - REGULATION 5
Duty of Director to ensure visits to patient VerDate:30/06/1997



The Director shall arrange for every patient received into guardianship to 
be visited on his behalf by an officer of the Social Welfare Department at 
intervals of not more than 6 months.
(Enacted 1989)



MENTAL HEALTH (GUARDIANSHIP) REGULATIONS - REGULATION 6
(Repealed L.N. 99 of 1998) VerDate:01/02/1999







MENTAL HEALTH (GUARDIANSHIP) REGULATIONS - REGULATION 6
Transfer of a patient under guardianship VerDate:30/06/1997




(1)	A patient who is for the time being subject to guardianship by 
virtue of a guardianship application or the operation of section 35(1) may 
be transferred into the guardianship of the Director or another person 
where-

        (a)	written authority for the transfer is given by the guardian;

        (b)	he date on which the transfer is to take effect has been 
specified in writing by the proposed guardian; and

        (c)	if it is proposed to transfer the patient into the guardianship 
of a person other than the Director-

        (i)	the written agreement of that person; and

        (ii)	the Director's written acceptance of that person as the 
guardian,
have been obtained.

(2)	Where the Director has determined not to accept as guardian a 
person proposed under subregulation (1), he may appoint himself to be the 
guardian.

(3)	The Director shall give notice of a determination or 
appointment by him under this regulation to the person named as existing 
guardian in an authority issued for the purpose of subregulation (1) and 
to any person proposed as guardian under that subregulation.

(4)	Where a patient is transferred pursuant to this regulation into 
the guardianship of the Director or a person other than a relative of the 
patient, the Director shall, as soon as practicable, inform a relative of 
the patient known to the Director that the transfer has taken place.
(Enacted 1989)



MENTAL HEALTH (GUARDIANSHIP) REGULATIONS - REGULATION 7
(Repealed L.N. 99 of 1998) VerDate:01/02/1999







MENTAL HEALTH (GUARDIANSHIP) REGULATIONS - REGULATION 7
Transfer from mental hospital into guardianship VerDate:30/06/1997




(1)	A patient who is for the time being liable to be detained in a 
mental hospital under Part III of the Ordinance may be transferred into 
the guardianship of the Director where-

        (a)	written authority for the transfer is given by the medical 
superintendent of the hospital;

        (b)	the date on which the transfer is to take effect has been 
specified in writing by the proposed guardian; and

        (c)	if it is proposed to transfer the patient into the guardianship 
of a person other than the Director-

        (i)	the written agreement of that person; and

        (ii)	the Director's written acceptance of that person as the 
guardian,
have been obtained.

(2)	Where the Director has determined not to accept as guardian a 
person proposed under subregulation (1), he may appoint himself to be the 
guardian.

(3)	The Director shall give notice of a determination or 
appointment by him under this regulation to the person named as existing 
guardian in an authority issued for the purpose of subregulation (1) and 
to any person proposed as guardian under that subregulation.

(4)	Where a patient is transferred into guardianship pursuant to 
this regulation, sections 34(1), (4) and (5) and 35 and regulation 4 shall 
apply as if the patient had been received into guardianship pursuant to a 
guardianship application.
(Enacted 1989)



MENTAL HEALTH (GUARDIANSHIP) REGULATIONS - REGULATION 8
(Repealed L.N. 99 of 1998) VerDate:01/02/1999







MENTAL HEALTH (GUARDIANSHIP) REGULATIONS - REGULATION 8
Suspension of powers of guardian VerDate:30/06/1997



Where a patient is for the time being subject to guardianship, and-

        (a)	the patient is admitted as a voluntary patient pursuant to 
section 30; or

        (b)	an order is made under section 31(1B) authorizing the removal 
of the patient to a mental hospital,
the powers of the Director or other person under section 34(1) as guardian 
shall be suspended and shall remain suspended-

        (i)	in the case of a patient admitted as a voluntary patient, until 
the patient leaves the mental hospital or is discharged by a medical 
superintendent or receives from a medical superintendent notice in writing 
pursuant to section 30(2)(b) requiring him to leave the mental hospital, 
whichever is the sooner; or

        (ii)	in the case of a patient who is the subject of an order under 
section 31(1B), for so long as the patient remains liable to detention by 
a medical superintendent in a mental hospital.
(Enacted 1989)



MENTAL HEALTH (GUARDIANSHIP) REGULATIONS - REGULATION 9
Offences VerDate:01/02/1999




A person who without reasonable excuse contravenes or fails to comply with 
any of the provisions of regulation 3 commits an offence and is liable to 
a fine at level 1 and to imprisonment for 3 months.
(L.N. 99 of 1998)


MENTAL HEALTH (GUARDIANSHIP) REGULATIONS - REGULATION 9
Offences VerDate:30/06/1997



A person who without reasonable excuse contravenes or fails to comply with 
any of the provisions of regulation 3 commits an offence and is liable to 
a fine of $1000 and to imprisonment for 3 months.
(Enacted 1989)