TNAG-1804-FCO40-2564-Hong-Kong-health-services-various-ordinances-1988 — Page 250

A210

Ord. No. 46/88

Transfer of

guardianship in case of death, incapacity, etc. of guardian.

MENTAL HEALTH (AMENDMENT)

(c) the power to require access to the patient to be given, at any place where the patient is residing, to

any registered medical practitioner, approved social worker, or other person so specified.

(2) The period within which a guardianship application is required for the purposes of this section to be forwarded to the Director of Social Welfare is the period of 14 days beginning with the date on which the patient was last ex- amined by a registered medical practitioner before giving a medical opinion for the purposes of the application.

(3) If within the period of 14 days beginning with the day on which a guardianship application has been accepted by the Director of Social Welfare the application, or any medical opinion given for the purposes of the application, is found to be in any respect incorrect or defective, the applica- tion or opinion may, within that period and with the consent of the Director, be amended by the person by whom it was signed; and upon such amendment being made the applica- tion or opinion shall have effect and shall be deemed to have had effect as if it had been originally made as so amended:

Provided that the Director shall not consent to an amendment which in his opinion has the effect of making a change of substance to any medical opinion.

(4) Where a patient is received into guardianship in pursuance of a guardianship application, any previous appli- cation under this Part by virtue of which he was subject to guardianship or liable to be detained in a mental hospital shall cease to have effect.

(5) The guardianship of a patient shall cease to be of any effect on the expiration of 2 years from its commencement

unless it is-

(a) meanwhile discharged; or

(b) renewed by a further application under section 33.

35. (1) If any person (other than the Director of Social Welfare) who is the guardian of a patient received into guardianship under this Part-

(a) dies; or

(b) gives notice in writing to the Director of Social Welfare that he desires to relinquish the functions of guardian,

the guardianship of the patient shall thereupon vest in the Director of Social Welfare.

(2) If any such guardian, not having given notice under subsection (1)(b), is incapacitated by illness or any other cause from performing the functions of guardian of the patient, those functions may, during his incapacity, be performed on his behalf by the Director of Social Welfare or by any other person approved for the purposes by the Director of Social Welfare.