1960-HKRS29-8-27_Part04 — Page 20

Powers of Registcat,

What rela- tives may attend proceedings.

Orders may he made on petition.

Dealing with mentully disordered

person"&

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Provided that such powers shall not extend to the sale or charge by way of mortgage of the estate or any part thereof or to the letting of any immovable property, unless for a term not exceeding three years.

13. (1) The Registrar may, without an order of reference, receive any proposal and conduct any inquiry respecting the management of the estate of a mentally disordered person if such proposal relates to any watter which the committee of the estate has not been empowered by an order under section 12 to dispose of.

(2) The Registrar may likewise, without reference, receive and inquire into any proposal relating to the sale or charge by way of mortgage of the estate or of any part thereof or to the letting of any immovable property for a term exceeding three years.

(3) The Registrar shall report to the Court on the proposal, and the Court shall, subject to the provisions of this Ordinance, make such order upon the report and respecting the costs as shall under the cir- CVIDstances seem just.

14. The Court shall once in the matter of each inquiry, and may afterwards from time to time, determine whether any one or more, and, if any, how many and which of the relatives or next-of-kin shall attend before the Registrar at the cost of the estate in any proceeding connected with the management thereof, and, if any such relative or next-of-kin is an infant, may from time to time appoint a fit person to be his guardian for the purpose of such procceding.

15. The Court may, on application made to it by petition concent ing any matter whatsoever connected with the inquiry, make such order. subject to the provisions of this Ordinance, respecting the application and the costs thereof and of the consequent proceedings as shall under the circumstancès seem just,

16. The Court may, if it appears to be just or for the benefit of the mentally disordered person, order that any property, movable or immov. able, and whether in possession, reversion, remainder, contingency ar property for expectancy, be sold, charged by way of mortgage or otherwise disposed of as may seem most expedient for the purpose of raising money to be applied for any of the following purposes-

certain

purposes.

(a) the payment of his debts, including any debt incurred for his

maintenance or otherwise for his beneft;

(5) the discharge of any incumbrance on his estate: (c) the payment of or provision for the expenses of his future maintenance and the maintenance of his family, including the expenses of his removal to his country of origin or elsewhers. when be shall be so removed, and all expenses incidental thereto;

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(d) the payment of the costs of any proceeding under this Ordin- ance and of any costs incurred by order or under the authority of the Court.

Crocute

17. (1) The committee of the estate of the mentally disordered Commitice to person shall, in his name and on his behalf, execute all such conveyances instruments, and instruments of transfer, relative to any sale, mortgage or other disposition of his estate as the Court shall order.

(2) In like manner such committee shall, under the order of the Court, exercise all powers whatsoever vested in a mentally disorderod person whether the same are vested in him for his own benefit or in the character of trustee or guardian.

18. Where a person having contracted to sell or otherwise dispose Performancę of his estate or any part thereof afterwards becomes mentally dis- of contract, ordered, the Court may, if the contract is such as the Court thinks ought to be performed, direct the committee of the estate to execute such conveyances and to do such acts in fulfilment of the contract as it shall think proper.

19. If a member of a partnership firm be found to be mentally Partner found disordered, the Court may, on the application of the other partners or to be

undered.

of any person who appears to the Court to be entitled to require the tally dis-

me, dissolve the partnership, and thereupon, or upon a dissolution by decree of Court or otherwise by due course of law, the committee of the estate may, in the name and on behalf of the mentally disordered person, join with the other partners iu disposing of the partnership property upon such terms, and shall do all such acts for carrying into effect the dissolution of the partnership, as the Court shall think proper.

20. Where a mentally disordered person has been engaged in Disposal of

business business the Court may, if it appears to be for the benefit of his estate premises, that the business premises should be disposed of, order the committee of the estate to sell and dispose of the same, and the moneys arising from such sale shall be applied in such manner as the Court shall direct.

of Icase.

21, Where a mentally disordered person is entitled to a lease or Committee under-lease, and it appears to be for the benefit of his estate that it may dispose should be disposed of, the committee of the estate may by order of the Court surrender, assign or otherwise dispose of the same to such person for such valuable or nominal consideration and upon such terms as the Court shall think fit.

mentally

22. Where any stock or Government security or any share of Transfer of debenture in a public company, transferable within the Colony or the stock of dividends of which are payable there, are standing in the name of, or disordered ue vested in, a mentally disordered person beneficially entitled thereto person. of a committee of the estate of a mentally disordered person or a trustee