### Mental Health Ordinance 《精神健康條例》

59K. Functions and powers of Board
(1) The Guardianship Board shall—
(a) consider and determine applications for the appointment of guardians of mentally incapacitated persons who have attained the age of 18 years;
(b) make guardianship orders in respect of mentally incapacitated persons and taking into account their individual needs, including the making of such orders in an emergency where those persons are in danger or are being, or likely to be, maltreated or exploited;
(c) review guardianship orders;
(d) give directions to guardians as to the nature and extent of guardianship orders made under section 59O appointing those guardians, including directions as to the exercise, extent and duration of any particular powers and duties of those guardians contained in such terms and conditions (if any) that those guardianship orders may be subject under subsection (2) of that section;
(e) perform such other functions as are imposed on it under this Ordinance or any other enactment,

and in so doing shall observe and apply the matters or principles referred to in subsection (2).
(2) The matters or principles that the Board shall observe and apply in the performance of its functions or the exercise of its powers are as follows, namely—
(a) that the interests of the mentally incapacitated person the subject of the proceedings are promoted, including overriding the views and wishes of that person where the Board considers such action is in the interests of that person;
(b) despite paragraph (a), that the views and wishes of the mentally incapacitated person are, in so far as they may be ascertained, respected.

59L. Attendance of witnesses and others
(1) The Guardianship Board may, by notice under the hand of the Chairperson to the Board, summon any witness and require the production of any document or record or other thing which is relevant to its proceedings.
(2) Any person on whom a summons under subsection (1) 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.
(3) The Guardianship Board may pay allowances in respect of travelling expenses, subsistence and loss of earnings to any person attending any proceedings of the Guardianship Board as a witness.

### Mental Health Ordinance 《精神健康條例》

59M. Application for guardianship
(1) A mentally incapacitated person who has attained the age of 18 years may be received into guardianship in pursuance of an application made to the Guardianship Board in accordance with this section.
(2) A guardianship application may be made in respect of a mentally incapacitated person on the grounds that—
(a) in the case of—
(i) a mentally incapacitated person who is mentally disordered, he is suffering from mental disorder of a nature or degree which warrants his reception into guardianship under this Part; or
(ii) a mentally incapacitated person who is mentally handicapped, he has a mental handicap of a nature or degree which warrants his reception into guardianship under this Part; and
(b) it is necessary in the interests of the welfare of the mentally incapacitated person or for the protection of other persons that the mentally incapacitated person should be so received.
(3) A guardianship application shall be accompanied by and founded on the written reports of 2 registered medical practitioners (neither of whom being the applicant), and each report shall include—
(a) a statement that in the medical or other opinion of the registered medical practitioners the grounds set out in subsection (2) are satisfied;
(b) such particulars as may be prescribed of the reasons for that opinion so far as it relates to the grounds set out in subsection (2)(a); and
(c) a statement of the reasons for that opinion so far as it relates to the grounds set out in subsection (2)(b).
(4) A guardianship application shall state the age of the mentally incapacitated person or, if his exact age is not known to the applicant, shall state (if it be the fact) that that person is believed to have attained the age of 18 years.

### Mental Health Ordinance 《精神健康條例》

59N. General provisions as to guardianship applications
(1) A guardianship application under section 59M(1) shall be in the prescribed form and may be made by—
(a) a relative of the mentally incapacitated person;
(b) a social worker;
(c) a registered medical practitioner; or 
(d) a public officer in the Social Welfare Department,

and every such application shall specify which of those persons is making the application and, if made by a relative of the mentally incapacitated person, shall state the relationship.
(2) No guardianship application under section 59M(1) may be made by any person in respect of the mentally incapacitated person unless the applicant has personally seen the mentally incapacitated person within the period of 14 days ending immediately prior to the date of the application.
(3) On receipt of a guardianship application, the Guardianship Board shall send copies of the application—
(a) to the mentally incapacitated person the subject of the application;
(b) to any relative of that person as the Guardianship Board thinks fit, unless that relative made the guardianship application;
(c) to the Director of Social Welfare, unless a public officer in the Social Welfare Department made the guardianship application.
(4) The Guardianship Board shall give notice to the applicant of the time and place appointed for the purpose of determining whether or not the mentally incapacitated person should be received into guardianship and to any other person to whom a copy of that application has been sent under subsection (3).

### Mental Health Ordinance 《精神健康條例》

59O. Board may make guardianship orders
(1) Subject to subsection (3), if, after conducting a hearing into any guardianship application made under section 59M(1) for the purpose of determining whether or not a mentally incapacitated person who has attained the age of 18 years should be received into guardianship and having regard to the representations (if any) of any person present at the hearing to whom a copy of the guardianship application has been sent under section 59N(3) and considering the social enquiry report referred to in section 59P(1) the Guardianship Board is satisfied that the mentally incapacitated person is a person in need of a guardian, it may make an order appointing a guardian in respect of that person.
(2) Any guardianship order made under subsection (1) shall be subject to such terms and conditions as the Guardianship Board thinks fit, including terms and conditions (if any) as to the exercise, extent and duration of any particular powers and duties of the guardian.
(3) In considering the merits of a guardianship application to determine whether or not to make a guardianship order under subsection (1) in respect of a mentally incapacitated person, the Guardianship Board shall observe and apply the matters or principles referred to in section 59K(2) and, in addition, shall apply the following criteria, namely that it is satisfied—
(a) (i) that a mentally incapacitated person who is mentally disordered, is suffering from mental disorder of a nature or degree which warrants his reception into guardianship; or
(ii) that a mentally incapacitated person who is mentally handicapped, has a mental handicap of a nature or degree which warrants his reception into guardianship;
(b) that the mental disorder or mental handicap, as the case may be, limits the mentally incapacitated person in making reasonable decisions in respect of all or a substantial proportion of the matters which relate to his personal circumstances;
(c) that the particular needs of the mentally incapacitated person may only be met or attended to by his being received into guardianship under this Part and that no other less restrictive or intrusive means are available in the circumstances; and (Amended 19 of 2000 s. 3)
(d) that in the interests of the welfare of the mentally incapacitated person or for the protection of other persons that the mentally incapacitated person should be received into guardianship under this Part.

59P. Report of Director of Social Welfare
(1) For the purpose of section 59O, a report (social enquiry report

59Q. Emergency guardianship orders
Despite section 59O and pending a determination under that section, the Guardianship Board may make an order (emergency guardianship order