1989 Ed.]
Mental Health (Guardianship) Regulations
[CAP. 136
D3
[Subsidiary]
(i) to a District Judge for an order transferring the guardianship; (ii) to the tribunal for a review of his case.
5. Duty of Director to ensure visits to patient
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.
6. Transfer of a patient under guardianship
(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) 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 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.
7. Transfer from mental hospital into guardianship
(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