1988 Ed.] The Rules of the Supreme Court-Order 80
[CAP. 4
ORDER 80
DISABILITY
A 321
[Subsidiary]
Interpretation (O. 80, r. 1)
1. In this Order
"the Act" means the Mental Health Act 1983;
"the Ordinance" means the Mental Health Ordinance;
"patient" means a person who, by reason of mental disorder within the meaning of the Ordinance, is incapable of managing and administering his property and affairs;
"person under disability" means a person who is a minor or a patient.
Person under disability must sue, etc. by next friend or guardian ad litem (O. 80, r. 2)
2. (1) A person under disability may not bring, or make a claim in, any proceedings except by his next friend and may not acknowledge service, defend, make a counterclaim or intervene in any proceedings, or appear in any proceedings under a judgment or order notice of which has been served on him, except by his guardian ad litem.
(2) Subject to the provision of these rules, anything which in the ordinary conduct of any proceedings is required or authorized by a provision of these rules to be done by a party to the proceedings shall or may, if the party is a person under disability, be done by his next friend or guardian ad litem.
(3) A next friend or guardian ad litem of a person under disability must act by a solicitor.
Appointment of next friend or guardian ad litem (O. 80, r. 3)
3. (2) Except as provided by paragraph (4) or (5) or by rule 6, an order appointing a person next friend or guardian ad litem of a person under disability is not necessary.
(3) Where a person is authorized under Part VII of the Act to conduct legal proceedings in the name of a patient or on his behalf, that person shall be entitled to be next friend or guardian ad litem, as the case may be, of the patient in any proceedings to which his authority extends unless, in a case to which paragraph (4) or (5) or rule 6 applies, some other person is appointed by the Court under that paragraph or rule to be next friend or guardian ad litem, as the case may be, of the patient in those proceedings.
(4) Where a person has been or is next friend or guardian ad litem of a person under disability in any proceedings, no other person shall be entitled to act as such friend or guardian, as the case
(1983 c. 20.)
(Cap. 136.)
1988 Ed.] The Rules of the Supreme Court-Order 80
[CAP. 4
ORDER 80
DISABILITY
A 321
[Subsidiary]
Interpretation (O. 80, r. 1)
1. In this Order
"the Act" means the Mental Health Act 1983;
"the Ordinance" means the Mental Health Ordinance;
"patient" means a person who, by reason of mental disorder within the meaning of the Ordinance, is incapable of managing and administering his property and affairs;
"person under disability” means a person who is a minor or a
patient.
Person under disability must sue, etc. by next friend or guardian ad
litem (O. 80, r. 2)
2. (1) A person under disability may not bring, or make a claim in, any proceedings except by his next friend and may not acknowledge service, defend, make a counterclaim or intervene in any proceedings, or appear in any proceedings under a judgment or order notice of which has been served on him, except by his guardian ad litem.
(2) Subject to the provision of these rules, anything which in the ordinary conduct of any proceedings is required or authorized by a provision of these rules to be done by a party to the proceedings shall or may, if the party is a person under disability, be done by his next friend or guardian ad litem.
(3) A next friend or guardian ad litem of a person under disability must act by a solicitor.
Appointment of next friend or guardian ad litem (O. 80, r. 3)
3. (2) Except as provided by paragraph (4) or (5) or by rule 6, an order appointing a person next friend or guardian ad litem of a person under disability is not necessary.
(3) Where a person is authorized under Part VII of the Act to conduct legal proceedings in the name of a patient or on his behalf, that person shall be entitled to be next friend or guardian ad litem, as the case may be, of the patient in any proceedings to which his authority extends unless, in a case to which paragraph (4) or (5) or rule 6 applies, some other person is appointed by the Court under that paragraph or rule to be next friend or guardian ad litem, as the case may be, of the patient in those proceedings.
(4) Where a person has been or is next friend or guardian ad litem of a person under disability in any proceedings, no other person shall be entitled to act as such friend or guardian, as the case
(1983 c. 20.)
(Cap. 136.)
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