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At present an application to manage the property and affairs of a mentally disordered or mentally handicapped person may be made to the High Court either under Part II of the Ordinance or, by virtue of Section 12(4) of the Supreme Court Ordinance (Cap. 4), under Part VII of the UK Mental Health Act 1983. This problem of dual jurisdiction needs to be rectified to avoid confusion.

We propose to make improvements to Part II of the Mental Health Ordinance by reference to the UK Mental Health Act. The Bill seeks to introduce amendments which will specify more clearly the powers of the High Court and the relevant application procedures.

At present the Director of Social Welfare plays various roles in relation to application for guardianship of an adult who is mentally disordered or mentally handicapped. He is required to make an assessment of an application and at the same time is the approval authority. He may also initiate an application. In many instances, he serves as guardians.

To enhance impartiality of the system, we propose to set up a separate and independent Guardianship Board to consider applications for guardianship order. The Chairperson and members of the Board will be appointed by the Governor and will be supported by an independent secretariat.

We also propose that the Guardianship Board may confer on guardians additional legal powers for the protection and well-being of persons received into guardianship. One such power is for the guardian to give consent for the person with a mental handicap or disorder to receive medical or dental treatment.

Furthermore, we propose to empower a doctor or dentist to administer treatment without the guardian's consent in the event of an emergency or where it is necessary and in the best interest of the person to receive the treatment. However, if the person has to receive special treatment, which is defined as treatment of an irreversible or controversial nature, consent must be obtained from the High Court.

Mr President, we have consulted the welfare non-government organizations and parents of people with a mental handicap or disorder. The proposed amendments which I have just described are welcomed by them. Indeed, they look forward to an early enactment of the Bill.

Mr President, I beg to move.

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