TNAG-1733-FCO40-2446-Minutes-and-Hansards-of-the-Legislative-Council-of-Hong-Kong-1988 — Page 95

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

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As a result of extensive research into various definitions and in-depth discussions about the needs of the different categories of patients, the Administration has agreed to remove any unfortunate labelling effect which this bill may have on the mentally handicapped. Amendments will be moved Committee stage in accordance with this agreement.

In

Whilst recognising the bill's provision for

guardianship of mentally handicapped adults, the group has gone a step further to recommend that separate legislation should be provided for the mentally handicapped in the long run.

This is

no easy task, and the group is appreciative of the positive line taken by the Administration in establishing a working group for

Kam-fai

se this purpose.

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le

Dr. HQ will explain in greater detail the rationale

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behind the group's recommendation.

The bill provides for the person named as guardian in a guardianship application to be either the Director of Social Welfare or any other person accepted by the Director of Social Welfare. There has been criticisms that such an arrangement enables the Director to be judge and jury in her own course. After clarifying with the Administration, the group is satisfied that the Director of Social Welfare is best placed to assess the suitability of nominated guardians, that channels of appeal are available at the pistrict Court and the Mental Health Review le Tribunal, and that she will only act as guardian of last resort.

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An amendment will be moved at the Committee stage to emphasize

the last point mentioned.

lefcop

Sir

The Group welcomes the bill's provision for the

guardianship of mentally disordered persons, including mentally handicapped adults. It is pleased to note that the

Administration has overcome the hesitation to implement the

guardianship provisions before 1989 because of manpower

constraints, and will now implement them as soon as the guardianship regulations are made.

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