1960-HKRS28-8-27_Part04 — Page 21

Transfer of property of mentally disc ordered

ing out of the

Colony.

for him, and the committee or truslee dies intestate or himself becomes a mentally disordered person or is out of the jurisdiction of the Court, or it is uncertain whether the committee or trustee be living or dead or he neglects or refuses to transfer the stock, securities or shares or to receive and pay the dividends to a new committee or trustee, or as he directs, within fourteen days after being required by him to do so, the Court may order some fit person to make such transfer or to transfer the same and to receive and pay over the dividends in such manner as the Court may direct, and such transfer or payment shall be valid and effectual for all purposes.

23. Where any property situate in the Colony is standing in the name of or vested in any person residing out of the Colony, the Court, upon being satisfied that such person has been declared of unsound person resid- mind and that his personal estate has been vested in a committee. curator or manager according to the laws of the place where he is residing, way order some fit person to make such transfer of the property, or of any part thereof, to such committee, curator or manager or otherwise, and also to receive and pay over any proceeds or profits thereof as the Court may think fit; and any act done in pursuance of such order shall be valid and effectus] for all purposes.

Power to order main- tenance with- out appoint- ing com- mittee.

Temporary provision for maintenance of mentally disordered person.

Order for detention of

mentally disordered

person.

24. If it appears to the Court, having regard to the situation and condition in life of the mentally disordered person and his family and the other circumstances of the case, to be expedient that his property should be made available for his or their maintenance in a direct and inexpensive manner, the Court may, instead of appointing a committee of the estate, order that the property, if money, or, if of any other description, the produce thereof when realized, be paid to such person as the Court may think fit to be applied for the purpose aforesaid, and all payments so made shall be a good discharge to the person making the same.

25. If it appears to the Court that the unsoundness of mind of a mentally disordered person is in its nature temporary, and that it is expedient to make temporary provision for his maintenance or the main- tenance of his family, the Court may in the manner provided by sec- tion 24 direct his property or a sufficient part of it to be applied for the purpose aforesaid.

26. When upon any inquiry under this Part any person bas been found by the Court to be of unsound mind and incapable of managing himself and his affairs, the Court shall either make an order for such person to be received into a mental hospital and send him in suitable custody, together with the order for his reception, to the mental bospital named in such order, or, if any friend or relative of soch person shall undertake in writing to the satisfaction of the Court that

such person shall be properly taken care of and shall be prevented from doing injury to himself or others, make hims over to the care of such friend or relative.

27. (1) When any person has been found of unsound mind and Annulling it shall be shown to the Court, either on the application of such person

proceedings. or of any other person acting on his behalf or on the information of any other person, that there is reason to believe that such unsoundness of mind has ceased, the Court may make an order for inquiry whether such person is still of unsound mind and incapable of managing him. self and his affairs.

(2) The inquiry shall be conducted in the same manner subject to the same rules as are hereinbefore described for an inquiry into the unsoundness of mind of a person alleged to be mentally disordered.

(3) If it be found on such inquiry that the unsoundness of mind has ceased, the Court shall order alt proceedings in such matter to cease or to be set aside on such terms and conditions as under the cir- cumstances of the case shall appear proper.

not to be

28. When after inquiry into the unsoundness of mind of any Discharge of person detained in a mental hospital, the Court has made an order person found under section 27 that the proceedings shall cease or be set aside. on inquiry

the medical superintendent of the mental hospital shall forthwith, on the of unsound production of a certified copy of such order, discharge from such mental mind. hospital the person whose unsoundness of mind has ceased.

PART II.

Reception, Detention and Treatment of Mentally Disordered Persons.

29. Except as provided in any other coactment, no person shall Reception of be received into a mental hospital otherwise than on transfer from patients, another mental hospital, on return from leave of absence or on recap- mre except-

(4) upon the order of Court made in accordance with the provi-

sions of section 26; or

(b) as a voluntary patient in accordance with the provisions of

section 30: OF

(2) as a patient under observation in accordance with the provi-

sions of section 31; or

(d) as a temporary patient in accordance with the provisions of

section 33; or

(e) by virtue of a hospital order made in accordance with the

provisions of section 45 or of section 54; or

() by virtue of a transfer order made in accordance with the

provisions of section 52 or section 54; or