A224
Ord. No. 46/88
General provisions concerning tribunal application.
Procedure of the tribunal,
MENTAL HEALTH (AMENDMENT)
59F. (1) No application shall be made to the tribunar by or in respect of a patient except in such cases and at such times as are expressly provided by this Ordinance.
(2) An application to the tribunal authorized to be made by or in respect of a patient under this Ordinance shall be made by notice in writing addressed to the tribunal.
59G. (1) Rules may be made by the Chief Justice with respect to the making of applications to the tribunal and with respect to its proceedings and matters incidental to or con- sequential on such proceedings.
(2) Rules made under subsection (1) may in particular make provision—
(a) for enabling the tribunal to dispose of an applica- tion without a formal hearing where such a hearing is not requested by the applicant or it appears to the tribunal that such a hearing would be detrimental to the health of the patient;
(b) for enabling the tribunal to exclude members of the public, or any specified class of members of the public, from any proceedings of the tribunal, or to prohibit the publication of reports of any such proceedings or the names of any persons concerned in such proceedings;
(c) for regulating the circumstances in which, and the persons by whom, applicants and patients in respect of whom applications are made to a tribunal may, if not desiring to conduct their own case, be represent- ed for the purposes of those applications;
(d) for regulating the methods by which information relevant to an application may be obtained by or furnished to the tribunal, and in particular for authorizing members of the tribunal, or any one or more of them, to visit and interview in private any patient by or in respect of whom an application has been made;
(e) for making available to any applicant, and to any patient in respect of whom an application is made to the tribunal, copies of any documents obtained by or furnished to the tribunal in connexion with the application, and a statement of the substance of any oral information so obtained or furnished except where the tribunal considers it undesirable in the interests of the patient or for other special reasons; (f) for requiring the tribunal, if so requested in accord- ance with the rules, to furnish such statements of the reasons for any decision given by the tribunal as may be prescribed by the rules, subject to any provision made by the rules for withholding such a statement from a patient or any other person in cases where the tribunal considers that furnishing it would be undesirable in the interests of the patient or for other special reasons;