1989 Ed.]
Mental Health Review Tribunal Rules
[CAP. 136 CH1
[Subsidiary]
(2) The decision by which the tribunal determines an application shall be recorded in writing; the record shall be signed by the chairman and shall give the reasons for the decision and, in particular, where the tribunal relies upon any of the matters set out in section 59E(2) or (5) of the Ordinance, shall state its reasons for being satisfied as to those matters.
(3) Subrules (1) and (2) shall apply to decisions with recommendations as they apply to decisions by which applications are determined.
23. Communication of decisions
(1) The decision by which the tribunal determines an application may, at the discretion of the tribunal, be announced by the chairman immediately after the hearing of the case and, subject to subrule (2), the written decision of the tribunal, including the reasons, shall be communicated in writing within 7 days of the hearing to all the parties.
(2) Where the tribunal considers that the full disclosure of the recorded reasons for its decision to the patient in accordance with subrule (1) would adversely affect the health or welfare of the patient or others, the tribunal may instead communicate its decision to him in such manner as it thinks appropriate and may communicate its decision to the other parties subject to any conditions it may think appropriate as to the disclosure thereof to the patient:
Provided that, where the applicant or the patient was represented at the hearing by a person to whom documents would be disclosed in accordance with rule 11(3), the tribunal shall disclose the full recorded grounds of its decision to such a person, subject to any conditions it may think appropriate as to disclosure thereof to the patient.
(3) Subrules (1) and (2) shall apply to decisions with recommendations as they apply to decisions by which applications are determined.
(4) Where the tribunal makes a decision with recommendations, the decision shall specify the period at the expiration of which the tribunal will consider the case further in the event of those recommendations not being complied with.
24. Further consideration
Where the tribunal has made a decision with recommendations and, at the end of the period referred to in rule 23(4), it appears to the tribunal after making appropriate inquiries of the responsible authority that any such recommendation has not been complied with, the tribunal may reconvene the proceedings after giving to all parties not less than 14 days' notice (or such shorter notice as all parties may consent to) of the date, time and place fixed for the hearing.
1989 Ed.]
Mental Health Review Tribunal Rules
[CAP. 136 CH1
[Subsidiary]
(2) The decision by which the tribunal determines an application shall be recorded in writing; the record shall be signed by the chairman and shall give the reasons for the decision and, in particular, where the tribunal relies upon any of the matters set out in section 59E(2) or (5) of the Ordinance, shall state its reasons for being satisfied as to those matters.
(3) Subrules (1) and (2) shall apply to decisions with recommendations as they apply to decisions by which applications are determined.
23. Communication of decisions
(1) The decision by which the tribunal determines an application may, at the discretion of the tribunal, be announced by the chairman immediately after the hearing of the case and, subject to subrule (2), the written decision of the tribunal, including the reasons, shall be communicated in writing within 7 days of the hearing to all the parties.
(2) Where the tribunal considers that the full disclosure of the recorded reasons for its decision to the patient in accordance with subrule (1) would adversely affect the health or welfare of the patient or others, the tribunal may instead communicate its decision to him in such manner as it thinks appropriate and may communicate its decision to the other parties subject to any conditions it may think appropriate as to the disclosure thereof to the patient:
Provided that, where the applicant or the patient was represented at the hearing by a person to whom documents would be disclosed in accordance with rule 11(3), the tribunal shall disclose the full recorded grounds of its decision to such a person, subject to any conditions it may think appropriate as to disclosure thereof to the patient.
(3) Subrules (1) and (2) shall apply to decisions with recommendations as they apply to decisions by which applications are determined.
(4) Where the tribunal makes a decision with recommendations, the decision shall specify the period at the expiration of which the tribunal will consider the case further in the event of those recommendations not being complied with.
24. Further consideration
Where the tribunal has made a decision with recommendations and, at the end of the period referred to in rule 23(4), it appears to the tribunal after making appropriate inquiries of the responsible authority that any such recommendation has not been complied with, the tribunal may reconvene the proceedings after giving to all parties not less than 14 days' notice (or such shorter notice as all parties may consent to) of the date, time and place fixed for the hearing.
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