1964_MENTAL_HEALTH_ORDINANCE — Page 46

HK Historical Laws 香港歷史法例 All AI Reviewed

1989 Ed.]

Mental Health

[CAP. 136

45

(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. The tribunal: supplementary provisions

(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 subsection (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 representative of an applicant.

(5) The tribunal may, and if so required by the Governor shall, state in the form of a special case for determination by the High Court any question of law which may arise before it.

(Part IVA added 46 of 1988 s. 23)

PART V

GENERAL PROVISIONS

60. Saving of powers

Nothing in this Part shall interfere with or derogate from the power vested in the Court by Part II over any person found to be a mentally disordered person.

61. Amendment of orders

(1) If after the reception of any patient into a mental hospital it appears that the order or the medical certificate upon which he was received is defective or incorrect, the same may at any time afterwards be amended, with the sanction of the medical superintendent, by the person or persons signing the same.

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1989 Ed.] Mental Health [CAP. 136 45 (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. The tribunal: supplementary provisions (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 subsection (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 representative of an applicant. (5) The tribunal may, and if so required by the Governor shall, state in the form of a special case for determination by the High Court any question of law which may arise before it. (Part IVA added 46 of 1988 s. 23) PART V GENERAL PROVISIONS 60. Saving of powers Nothing in this Part shall interfere with or derogate from the power vested in the Court by Part II over any person found to be a mentally disordered person. 61. Amendment of orders (1) If after the reception of any patient into a mental hospital it appears that the order or the medical certificate upon which he was received is defective or incorrect, the same may at any time afterwards be amended, with the sanction of the medical superintendent, by the person or persons signing the same.
Baseline (Original)
1989 Ed.] Mental Health [CAP. 136 45 (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. The tribunal: supplementary provisions (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 subsection (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 representative of an applicant. (5) The tribunal may, and if so required by the Governor shall, state in the form of a special case for determination by the High Court any question of law which may arise before it. (Part IVA added 46 of 1988 s. 23) PART V GENERAL PROVISIONS 60. Saving of powers Nothing in this Part shall interfere with or derogate from the power vested in the Court by Part II over any person found to be a mentally disordered person. 61. Amendment of orders (1) If after the reception of any patient into a mental hospital it appears that the order or the medical certificate upon which he was received is defective or incorrect, the same may at any time afterwards be amended, with the sanction of the medical superintendent, by the person or persons signing the same.
2026-05-05 00:55:17 · Baseline
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1989 Ed.]

Mental Health

[CAP. 136

45

(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. The tribunal: supplementary provisions

(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 subsection (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 representative of an applicant.

(5) The tribunal may, and if so required by the Governor shall, state in the form of a special case for determination by the High Court any question of law which may arise before it.

(Part IVA added 46 of 1988 s. 23)

PART V

GENERAL PROVISIONS

60. Saving of powers

Nothing in this Part shall interfere with or derogate from the power vested in the Court by Part II over any person found to be a mentally disordered

person.

61. Amendment of orders

(1) If after the reception of any patient into a mental hospital it appears that the order or the medical certificate upon which he was received is defective or incorrect, the same may at any time afterwards be amended, with the sanction of the medical superintendent, by the person or persons signing the

same.

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