TNAG-1829-FCO40-2597-Hong-Kong-Interpretation-and-General-Clauses-(Amendment)-Ord-1988 — Page 33

The tribunal: supplementary provisions.

MENTAL HEALTH (AMENDMENT)

Ord. No. 46/88

A225

(g) for conferring on the tribunal such ancillary powers as the Chief Justice thinks necessary for the purposes of the exercise of its functions under this Ordinance;

(h) for enabling any functions of the tribunal which relate to matters preliminary or incidental to an application to be performed by the chairman of the tribunal;

(i) for consolidating applications or restricting the number of applications under section 59B which may be made within any specified period.

(3) Subsections (1) and (2) apply in relation to re- ferences to the tribunal as they apply in relation to applica- tions to the tribunal by or in respect of patients.

(4) The rules may be so framed as to apply to all applications or references to the tribunal, or to applications or references of any specified class, and may make different provision in relation to different cases.

(5) Any functions conferred on the chairman by the rules may, if for any reason he is unable to act, be exercised by another member of the tribunal appointed by him for the purpose.

59H. (1) The tribunal shall have power to hear, receive and examine evidence on oath.

(2) The tribunal may, by notice under the hand of the chairman, summon any witness and require the production of any document or record or other thing which is relevant to the proceedings.

(3) Any person on whom a summons under subsec- tion (2) has been served who—–

(a) refuses or neglects, without sufficient cause, to appear or produce any document, record or other thing required to be produced; or

(b) refuses to be sworn or give evidence,

commits an offence and is liable to a fine of $5,000.

(4) The tribunal may pay allowances in respect of travelling expenses, subsistence and loss of earnings to any person attending the tribunal as an applicant or witness, to the patient who is the subject of the proceedings if he attends otherwise than as the applicant or a witness and to any person (other than counsel or a solicitor) who attends as the re- presentative of an applicant.

(5) The tribunal may, and if so required by the Gover- nor shall, state in the form of a special case for determination by the High Court any question of law which may arise before it.".