1960-HKRS29-8-27_Part04 — Page 19

Delegation.

Court may order Inquiry.

Provision as

to notice of

inquiry,

recommendation for the admission of every temporary patient admitted since the last visitation of the mental hospital visitors and shall see, if they so require, the order and certificate for the admission of every other patient admitted during that period and shall enter in a book to be kept for that purpose any remarks which they may deem proper in regard to the management and condition of the mental hospital and the patients therein.

6. A medical superintendent may delegate any of his powers and functions under this Ordinance to any registered medical practitioner and may use and employ to carry out his functions under this Ordinance any employee in a mental hospital.

PART II

Proceedings in Inquiries into Mental Disorders.

7. (1) The Court may, on such application as is hereinafter mentioned, make an order directing an inquiry whether any person subject to the jurisdiction of the Court who is alleged to be a mentally disordered person is of unsound mind and incapable of managing himself and his affairs.

(2) Such order may also contain directions for inquiries concerning the nature of the property belonging to the person alleged to be mentally disordered, the persons who are his relative or next-of-kin, the time during which he has been of unsound mind or such other questions as to the Court shall seem proper.

(3) Application for such inquiry may be made by any person related by blood or marriage to the person alleged to be a mentally disordered person, or by any public officer nominated by the Colonial Secretary.

& (1) Reasonable notice of the time and place appointed for the inquiry shall be given to the person alleged to be a mentally disordered

person:

Provided that if it shall appear that the person alleged to be a mentally disordered person is in such a state that personal service on him would be ineffectual, the Court may direct such substituted service of the notice as it shall think proper.

S

(2) The Court may also, if it thinks fit, direct a copy of such notice to be served upon any person related by blood or marriage to the person alleged to be a mentally disordered person.

person

9. At any time after the application for the inquiry the Court may Power to require the person alleged to be a mentally disordered person to attend examina at such convenient time and place within the Colony as the Court may alleged appoint, for the purpose of being personally examined by the Court or to he by any person from whom the Court may desire to have a report of his mentally mental capacity and condition, and the Court may also make an order authorizing any person or persons named therein to have access to the person alleged to be a mentally disordered person for the purpose of a personal examination.

disordered.

10. (1) At the inquiry, after receiving such reports and hearing Questions to such evidence and arguments as it may think fit, the Court shall decide be decided

by Court. whether the person who is alleged to be a mentally disordered person is

or is not of unsound mind and incapable of managing himself and his affairs and shall also decide any other questions as to which an inquiry has been directed.

(2) The Court may make such order as may appear just respecting the costs of the inquiry and may include therein such remuneration to physicians and surgeons as the Court shall deem reasonable:

Provided that no order for the payment of costs shall be made against the Colonial Secretary or against any public officer nominated under the provisions of section 7.

11. () If the Court finds that the person who is alleged to be a AppointmenL

of com- mentally disordered person is of unsound wind and incapable of manag-tees. ing hiruself and his affairs, the Court may, if it shall think fit, appoint a committee of the person and estate of such person and may make such order, if any, as to the remuneration of the committee or committees out of such person's estate, and as to the giving of security by the committee or committees, as to the Court may seem ft.

(2) If the Court finds that the person who is alleged to be a mental- by disordered person is incapable of managing his affairs, but is not dangerous to himself or to others, the Court may appoint a committee of his estate, without appointing a committee of his person.

of estate of

12. The Court may, on the appointment of a committee of the Powers of person or estate of a mentally disordered person, direct by the order of management appointment or by any subsequent order that the person to whom the mentally charge of the estate is committed shall have such powers for the manage disordered ment thereof as to the Court shall seem necessary and proper, reference being had to the nature of the property, whether movable or immovable, of which the estate may consist:

person,