1989 Ed.]

Mental Health Review Tribunal Rules

[CAP. 136

C3

[Subsidiary]

MENTAL HEALTH REVIEW TRIBUNAL RULES

(Cap. 136, section 59G)

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

L.N. 305 of 1988 - R. Ed. 1988, L.N. 4 of 1989

PART I

INTRODUCTION

1. Citation

2. These rules may be cited as the Mental Health Review Tribunal Rules.

Interpretation

In these rules, unless the context otherwise requires-

"decision with recommendations" means a decision with recommendations in accordance with section 59E(1)(b) of the Ordinance;

"guardianship" means guardianship under Part III of the Ordinance;

"party" means the applicant, the patient, the responsible authority, and any other person to whom a notice under rule 7 is sent or who is added as a party by direction of the tribunal;

"private guardian" in relation to a patient means a person, other than the Director of Social Welfare, who acts as guardian under the Ordinance;

"proceedings" includes any proceedings of the tribunal following an application or reference in relation to a patient;

"reference" means a reference under section 59C(1) or 59D(1) of the Ordinance;

"responsible authority" means-

(a) in relation to a patient liable to be detained in a mental hospital, or permitted to be absent under section 39 of the Ordinance, the medical superintendent;

(b) in relation to a patient liable to be detained in the Correctional Services Department Psychiatric Centre, the Commissioner of Correctional Services;

(c) in relation to a patient subject to guardianship, the Director of Social Welfare; and

(d) in relation to a patient discharged conditionally under section 42B of the Ordinance-

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