MENTAL HEALTH (GUARDIANSHIP) REGULATIONS

MENTAL HEALTH (GUARDIANSHIP) REGULATIONS

MENTAL HEALTH (GUARDIANSHIP) REGULATIONS
(Cap. 136, section 72)

[29 December 19891 L.N. 420 of 1989

L.N. 417 of 1989

1. Citation

These regulations may be cited as the Mental Health (Guardianship)
Regulations.

2. Interpretation

In these regulations, unless the context otherwise
requires'Director' means the Director of Social Welfare;

'guardianship' means guardianship under Part 111 of the Ordinance;
'guardianship application' means an application under section 33;

'private guardian' in relation to a patient means a person other than the Director
who is the guardian of the patient under the Ordinance.

3. Duties of private guardians

(1) It shall be the duty of the private guardian of a patient

(a)to permit access to the patient for the purpose of any visit by or on
behalf of the Director in the exercise of his powers and duties under
the Ordinance;

(b)to notify the Director of any change of his or the patient's place of
residence not later than 14 days after such change takes place;

(c)where the patient has been absent for a continuous period of 14 days
from the place last notified to the Director as the patient's place of
residence, to notify the Director of that fact as soon as is reasonably
practicable and in any event not later than 14 days after the end of
the continuous period of 14 days;

(d)to furnish the Director with such reports or information with regard to
the patient as the Director may from time to time require;

(e)where it appears to the guardian that he will be unable to discharge
the duties or functions of guardian for any period, to





notify the Director of that fact as soon as practicable, and in any
event within 14 days, of the period for which it appears he will be
unable to so act;

in the event of the death of the patient, to notify the Director of that
fact as soon as is reasonably practicable and in any event not later
than 14 days after the patient's death;

(g)where it comes to his knowledge that the patient has married or
intends to marry, to notify the Director of that fact as soon as is
reasonably practicable and in any event within 14 days of acquiring
the knowledge;

(h) where-
(i) the patient takes up employment or takes a place on a training or
educational course;

(ii) there is any change in the nature and location of the patient's
employment or training or educational course; or

(iii)the patient leaves any employment or gives up a place on a
training or educational course,

to notify the Director of that event, the date thereof and the nature
and location of the employment or training or educational course as
soon as is reasonably practicable, and in any event not later than 14
days after such date;

(i)not to permit the patient to leave Hong Kong unless the Director has
been given at least 2 weeks' notice of the patient's intended
departure; and

(j)to take all reasonable steps to ensure the safety and welfare of the
patient and to arrange for the provision of adequate care for the
patient.

(2) For the purpose of subregulation (1)(b), residence for a continuous period of
14 days at a place other than the place last notified to the Director shall constitute a
change of address.

4. Duty of Director to give information to patient

Where a patient is received into guardianship pursuant to a guardianship
application the Director shall as soon as practicable

(a)inform the patient and, where known to the Director, a relative of the
patient of the name of the guardian and the name of the person who
made the application; and

(b)take such steps as are reasonably practicable to ensure that the
patient and a relative of the patient understand the nature and effect
of admission to guardianship and the rights available to the patient
or his relative under the Ordinance to apply





(i) to a District Judge for an order transferring the guardianship; (ii)
to the tribunal for a review of his case.

5. Duty of Director to ensure visits to patient

The Director shall arrange for every patient received into guardianship to be
visited on his behalf by an officer of the Social Welfare Department at intervals of
not more than 6 months.

6. Transfer of a patient under guardianship

(1) A patient who is for the time being subject to guardianship by virtue of a
guardianship application or the operation of section 35(1) may be transferred into
the guardianship of the Director or another person where

(a) written authority for the transfer is given by the guardian;

(b)the date on which the transfer is to take effect has been specified in
writing by the proposed guardian; and

(c)if it is proposed to transfer the patient into the guardianship of a
person other than the Director

(i) the written agreement of that person; and

(ii)the Director's written acceptance of that person as the guardian,

have been obtained.

(2) Where the Director has determined not to accept as guardian a person
proposed under subregulation (1), he may appoint himself to be the guardian.

(3) The Director shall give notice of a determination or appointment by him
under this regulation to the person named as existing guardian in an authority
issued for the purpose of subregulation (1) and to any person proposed as guardian
under that subregulation.

(4) Where a patient is transferred pursuant to this regulation into the
guardianship of the Director or a person other than a relative of the patient, the
Director shall, as soon as practicable, inform a relative of the patient known to the
Director that the transfer has taken place.

7. Transfer from mental hospital into guardianship

(1) A patient who is for the time being liable to be detained in a mental hospital
under Part 111 of the Ordinance may be transferred into the guardianship of the
Director where

(a)written authority for the transfer is given by the medical
superintendent of the hospital;

(b)the date on which the transfer is to take effect has been specified in
writing by the proposed guardian; and





(c)if it is proposed to transfer the patient into the guardianship of a
person other than the Director

(i) the written agreement of that person; and

(ii)the Director's written acceptance of that person as the guardian,

have been obtained.

(2) Where the Director has determined not to accept as guardian a person
proposed under subregulation (1), he may appoint himself to be the guardian.

(3) The Director shall give notice of a determination or appointment by him
under this regulation to the person named as existing guardian in an authority
issued for the purpose of subregulation (1) and to any person proposed as guardian
under that subregulation.

(4) Where a patient is transferred into guardianship pursuant to this regulation,
sections 34(1), (4) and (5) and 35 and regulation 4 shall apply as if the patient had
been received into guardianship pursuant to a guardianship application.

8. Suspension of powers of guardian

Where a patient is for the time being subject to guardianship, and

(a)the patient is admitted as a voluntary patient pursuant to section 30;
or

(b)an order is made under section 31(1B) authorizing the removal of the
patient to a mental hospital,

the powers of the Director or other person under section 34(1) as guardian shall be
suspended and shall remain suspended

(i) in the case of a patient admitted as a voluntary patient, until the
patient leaves the mental hospital or is discharged by a medical
superintendent or receives from a medical superintendent notice in
writing pursuant to section 30(2)(b) requiring him to leave the mental
hospital, whichever is the sooner; or

(ii) in the case of a patient who is the subject of an order under section
31(1B), for so long as the patient remains liable to detention by a
medical superintendent in a mental hospital.

9. Offences

A person who without reasonable excuse contravenes or fails to comply with
any of the provisions of regulation 3 commits an offence and is liable to a fine of
1,000 and to imprisonment for 3 months.

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