### Mental Health Ordinance 《精神健康條例》

10C. Supplementary provisions as to wills executed under section 10B
(1) Where under section 10B(1) the Court makes an order or gives a direction or authority requiring or authorizing another person (the authorized person

10D. Court’s powers in cases of emergency
Where—
(a) it is represented to the Court, and the Court has reason to believe, that a mentally incapacitated person may be incapable by reason of mental incapacity of managing and administering his property and affairs; and
(b) the Court is of the opinion that it is necessary to make immediate provision for any of the matters referred to in section 10A(1),
then pending the determination of the question as to whether that person is so incapable, the Court may exercise in relation to the property and affairs of that person any of the powers conferred on the Court by this Part in relation to the property and affairs of a mentally incapacitated person so far as is requisite for enabling that provision to be made.
(Added 81 of 1997 s. 9)

### Mental Health Ordinance 《精神健康條例》

10E. Preservation of interests in mentally incapacitated person’s property
(1) Where any property of a mentally incapacitated person has been disposed of under this Part, and under his will or his intestacy, or by any gift perfected or nomination taking effect on his death, any other person would have taken an interest in the property but for the disposal—
(a) he shall take the same interest, if and so far as circumstances allow, in any property belonging to the estate of the deceased which represents the property disposed of; and
(b) if the property disposed of was real property any property representing it shall so long as it remains part of his estate be treated as if it were real property.
(2) The Court, in ordering, directing or authorizing under this Part any disposal of property which apart from this section would result in the conversion of personal property into real property, may direct that the property representing the property disposed of shall, so long as it remains the property of the mentally incapacitated person or forms part of his estate, be treated as if it were personal property.
(3) References in subsections (1) and (2) to the disposal of property are references to—
(a) the sale, exchange, charging or other dealing (otherwise than by will) with property other than money;
(b) the removal of property from one place to another;
(c) the application of money in acquiring property; or
(d) the transfer of money from one account to another,
and references to property representing property disposed of shall be construed accordingly and as including the result of successive disposals.
(4) The Court may give such directions as appear to it necessary or expedient for the purpose of facilitating the operation of subsection (1), including the carrying of money to a separate account and the transfer of property other than money. (Amended 32 of 2000 s. 48)
(5) Where the Court has ordered, directed or authorized the expenditure of money for the carrying out of permanent improvements on, or otherwise for the permanent benefit of, any property of the mentally incapacitated person, it may order that the whole or any part of the money expended or to be expended shall be a charge upon the property, whether without interest or with interest at a specified rate; and an order under this subsection may provide for excluding or restricting the operation of subsection (1).
(6) A charge under subsection (5) may be made in favour of such person as may be just, and in particular, where the money charged is paid out of the mentally incapacitated person’s general estate, may be made in favour of a person as trustee for the mentally incapacitated person; but no charge under that subsection shall confer any right of sale or foreclosure during the lifetime of the mentally incapacitated person.
(Added 81 of 1997 s. 9)

### Mental Health Ordinance 《精神健康條例》

11. Appointment of committees
(1) If the Court is satisfied that the person who is alleged to be mentally incapacitated is incapable, by reason of mental incapacity, of managing and administering his property and affairs, the Court may, if it shall think fit, appoint a committee of the estate, and for this purpose, the Official Solicitor may be so appointed of such person and may make such order, if any, as to the remuneration of the committee out of such person’s estate, and as to the giving of security by the committee, as to the Court may seem fit. (Amended 81 of 1997 s. 10)
(2) A committee of the estate appointed under this Part shall do all such things in relation to the property and affairs of the mentally incapacitated person as the Court, in the exercise of the powers conferred on the Court under sections 10A and 10B, orders or directs the committee of the estate to do and may do any such thing in relation to the property and affairs of the mentally incapacitated person as the Court, in the exercise of those powers, authorizes the committee of the estate to do. (Replaced 81 of 1997 s. 10)
(3) The provisions of Order 30, rules 5, 6 and 7 of the Rules of the High Court (Cap. 4 sub. leg. A) which apply to receivers shall apply to a committee of the estate as if the references to “receiver” in those rules were substituted by references to “committee of the estate”. (Added 81 of 1997 s. 10. Amended 25 of 1998 s. 2; E.R. 4 of 2019)

12. Powers of management of estate of mentally incapacitated person
The Court may, on the appointment of a committee of the estate of a mentally incapacitated person, direct by the order of appointment or by any subsequent order that the person to whom the charge of the estate is committed shall have such powers for the management thereof as to the Court shall seem necessary and proper, reference being had to the nature of the property, whether movable or immovable, of which the estate may consist: (Amended 81 of 1997 ss. 11 & 58 )
Provided that such powers shall not extend to the sale or charge by way of mortgage of the estate or any part thereof or to the letting of any immovable property, unless for a term not exceeding 3 years.