1989 Ed.]

Mental Health Review Tribunal Rules

[CAP. 136

C9

[Subsidiary]

16. Transfer of proceedings

Where any proceedings in relation to a patient have not been disposed of by the members of the tribunal appointed for the purpose, and the chairman is of the opinion that it is not practicable or not possible without undue delay for the consideration of those proceedings to be completed by those members, he shall make arrangements for them to be heard by other members of the tribunal.

17. Two or more pending applications

(1) The tribunal may consider more than one application in respect of a patient at the same time and may for this purpose adjourn the proceedings relating to any application.

(2) Where the tribunal considers more than one application in respect of the patient at the same time, each applicant (if more than one) shall have the same rights under these rules as he would have if he were the only applicant.

18. Withdrawal of application

(1) An application may be withdrawn at any time at the request of the applicant provided that the request is made in writing and the tribunal agrees.

(2) If a patient ceases to be liable to be detained or subject to guardianship in Hong Kong, any application relating to that patient shall be deemed to be withdrawn.

(3) Where an application is withdrawn, or deemed to be withdrawn, the tribunal shall so inform the parties.

PART IV

THE HEARING

19. Notice of hearing

The secretary shall give at least 14 days' notice of the date, time and place fixed for the hearing (or such shorter notice as all parties may consent to) to all the parties.

20. Privacy of proceedings

(1) The tribunal shall sit in private unless the patient requests a hearing in public and the tribunal is satisfied that a hearing in public would not be contrary to the interests of the patient. (L.N. 4 of 1989)

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