### Mental Health Ordinance 《精神健康條例》

59C. References to tribunals by Chief Executive
(1) The Chief Executive may, if he thinks fit, at any time refer to the tribunal the case of any patient to whom section 59B(1) applies. (Amended 81 of 1997 s. 46; 60 of 2000 s. 3)
(2) For the purpose of furnishing information to the tribunal for the purposes of a reference under subsection (1), any registered medical practitioner authorized by or on behalf of the patient may, at any reasonable time, visit the patient and examine him in private and require the production of and inspect any records relating to the detention or treatment of the patient in any hospital and relevant to the reference.

59D. Duty to refer cases to tribunal
(1) Whenever a patient (other than a voluntary patient) or his relative does not exercise his right to apply to the tribunal under section 59B(1) for a period of 12 months after the right first became available to him— (Amended 81 of 1997 s. 47)
(a) the medical superintendent, if the patient is liable to be detained in a mental hospital; or
(b) the Commissioner of Correctional Services, where the patient is liable to be detained in the Correctional Services Department Psychiatric Centre,

shall, at the expiration of the period for making the application, refer the patient’s case to the tribunal.
(2) For the purpose of furnishing information to the tribunal for the purposes of any reference under this section, any registered medical practitioner authorized by or on behalf of the patient may, at any reasonable time, visit and examine the patient in private and require the production of and inspect any records relating to the detention or treatment of the patient in any hospital and relevant to the reference.
(3) For the purposes of subsection (1), a person who applies to the tribunal but subsequently withdraws his application shall be treated as not having exercised his right to apply, and where a person withdraws his application on a date after the expiration of the period mentioned in that subsection, the medical superintendent or as the case may be, the Commissioner of Correctional Services shall refer the patient’s case as soon as possible after that date.
(4) A medical superintendent or the Commissioner of Correctional Services may, in the event of an application being made to the tribunal by any other person under section 59B(1), with the leave of the tribunal, discontinue any review proceedings brought under this section.

### Mental Health Ordinance 《精神健康條例》

59F. General provisions concerning tribunal application
(1) No application shall be made to the tribunal except in such cases and at such times as are expressly provided by this Ordinance.
(2) An application to the tribunal authorized to be made under this Ordinance shall be made by notice in writing addressed to the tribunal.
(Amended 81 of 1997 s. 49)

### Mental Health Ordinance 《精神健康條例》

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 at level 2.
(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 relevant person 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. (Amended 81 of 1997 s. 51)
(5) The tribunal may, and if so required by the Chief Executive shall, state in the form of a special case for determination by the Court of First Instance any question of law which may arise before it. (Amended 25 of 1998 s. 2; 60 of 2000 s. 3)
(Amended E.R. 1 of 2012)

59I. Interpretation and application
(1) In this Part, unless the context otherwise requires—
guardianship application (監護申請) means an application under section 59M(1);
Guardianship Board (監護委員會) or Board (委員會) means the Guardianship Board established under section 59J;
guardianship order (監護令) means an order made under section 59O, but does not include a guardianship order under Part IIIA.
(2) This Part does not apply to a mentally incapacitated person who is subject to a guardianship order under Part IIIA, other than to such a person who is the subject of a recommendation under section 59E(4)(a)(iii) or (6)(a).

### Mental Health Ordinance 《精神健康條例》

59J. Establishment and composition of Board
(1) There is hereby established a body corporate to be called the “Guardianship Board”. (Amended E.R. 4 of 2019)
(2) Subject to subsection (3), the Chief Executive shall appoint to the Board—
(a) a Chairperson having such legal experience as the Chief Executive considers suitable; and
(b) not less than 9 other members, each being an individual who is not a public officer. (Amended 60 of 2000 s. 3)
(3) Of the members of the Board appointed under subsection (2)(b)—
(a) at least 3 shall be persons who are barristers or solicitors within the meaning of the Legal Practitioners Ordinance (Cap. 159) of such experience as the Chief Executive considers suitable; (Amended 60 of 2000 s. 3)
(b) at least 3 shall be persons who have had experience in assessing or treating mentally incapacitated persons and may include registered medical practitioners or social workers;
(c) at least 3 shall be persons (other than those referred to in paragraph (a) or (b)) who have had personal experience with mentally incapacitated persons.
(4) The relevant provisions of the Schedule shall have effect with respect to the Board and its members.
(5) The Board shall not be regarded as a servant or agent of the Government or as enjoying any status, immunity or privilege of the Government.