### Mental Health Ordinance 《精神健康條例》

59Z. Rules
(1) Rules may be made by the Secretary for Labour and Welfare with respect to the making of guardianship applications to the Guardianship Board and with respect to its proceedings and matters incidental, supplementary or consequential to such proceedings. (Amended L.N. 106 of 2002; L.N. 130 of 2007)
(2) Rules made under subsection (1) may make provision—
(a) for regulating the methods by which documents and information relevant to a guardianship application may be obtained by or furnished to the Guardianship Board;
(b) for enabling any functions of the Board which relate to matters preliminary or incidental to a guardianship application to be performed by the Secretary to the Board;
(c) for regulating the circumstances in which the parties to a hearing before the Guardianship Board may be represented by counsel or a solicitor for the purpose of conducting the case on their behalf;
(d) for regulating the methods by which any social enquiry reports prepared under section 59P(1) and the written reports (or the substance of those reports) of registered medical practitioners, as the case may be, relevant to particular guardianship applications may be obtained by or furnished to the Guardianship Board;
(e) for regulating the circumstances in which copies of any social enquiry reports prepared under section 59P(1) and the written reports (or the substance of those reports) of registered medical practitioners, as the case may be, obtained by or furnished to the Guardianship Board are disclosed or otherwise made available to the parties to a hearing;
(f) for regulating the circumstances in which copies of any other documents or other information obtained by or furnished to the Guardianship Board are disclosed or otherwise made available to the parties to a hearing;
(g) for regulating the methods by which the decisions of the Guardianship Board are communicated to the parties to a hearing and other interested parties;
(h) for requiring the Guardianship Board to furnish such statements to the parties to a hearing of the reasons for any decision given by the Board, including any decision to make, or refuse to make, a guardianship order under this Part;

(i) for conferring on the Guardianship Board such ancillary powers as may be necessary for the purposes of the performance of its functions or the exercise of its powers under this Ordinance.

### Mental Health Ordinance 《精神健康條例》

59ZA. Interpretation
In this Part, unless the context otherwise requires—
dental treatment (牙科治療) includes any dental procedure, operation or examination carried out by, or under the supervision of, a registered dentist and any care associated therewith;

in the best interests (符合最佳利益), in relation to the carrying out of treatment or special treatment, as the case may be, in respect of a mentally incapacitated person, means in the best interests of that person in order to—
(a) save the life of the mentally incapacitated person;
(b) prevent damage or deterioration to the physical or mental health and well-being of that person; or
(c) bring about an improvement in the physical or mental health and well-being of that person;

medical treatment (醫療) includes any medical or surgical procedure, operation or examination carried out by, or under the supervision of, a registered medical practitioner and any care associated therewith;
special treatment (特別治療) means medical treatment or dental treatment or both of an irreversible or controversial nature as specified by the Secretary for Health under section 59ZC and includes proposed special treatment; (Amended L.N. 106 of 2002; L.N. 130 of 2007; L.N. 144 of 2022)
treatment (治療) means medical treatment, dental treatment or both, and includes proposed treatment but does not include special treatment.

### Mental Health Ordinance 《精神健康條例》

59ZB. Application and principles
(1) This Part applies to treatment or special treatment of a mentally incapacitated person who has attained the age of 18 years and is incapable of giving consent to the carrying out of that treatment or that special treatment, as the case may be, but does not apply to—
(a) in the case of a mentally incapacitated person who is mentally disordered, treatment of that person in a mental hospital or the Correctional Services Department Psychiatric Centre in relation to his mental disorder; or
(b) in the case of a mentally incapacitated person who is a supervised person (within the meaning of Part IIIB), treatment of that person pursuant to a supervision and treatment order made under that Part.
(2) A mentally incapacitated person is incapable of giving such consent if that person is incapable of understanding the general nature and effect of the treatment or special treatment.
(3) The Court when considering whether or not to give consent to the carrying out of treatment or special treatment, or the guardian when considering whether or not to give consent to the carrying out of treatment, under this Part, shall observe and apply the following principles, namely to—
(a) ensure that the mentally incapacitated person is not deprived of the treatment or special treatment, as the case may be, merely because he lacks the capacity to consent to the carrying out of that treatment or that special treatment; and
(b) ensure that any treatment or special treatment that is proposed to be carried out in respect of the mentally incapacitated person is carried out in the best interests of that person.

59ZBA. Prohibition against organ transplant
(1) Nothing in this Ordinance shall be construed as enabling the removal, in the course of any treatment or special treatment of a mentally incapacitated person who has attained the age of 18 years and is incapable of giving consent to the carrying out of such treatment or special treatment, as the case may be, from that person of any organ for the purpose of transplanting it into another person.
(2) In this section, organ (器官) has the same meaning as contained in subparagraphs (i), (ii) and (iii) under paragraph (a) of the definition of organ

### Mental Health Ordinance 《精神健康條例》

59ZC. Specification of special treatment
(1) The Secretary for Health may in consultation with the Hospital Authority within the meaning of the Hospital Authority Ordinance (Cap. 113) or that authority and other appropriate bodies, by notice in the Gazette, specify any dental treatment, medical treatment or both, as the case may be, to be special treatment for the purposes of this Part. (Amended L.N. 106 of 2002; L.N. 130 of 2007; L.N. 144 of 2022)
(2)  In this section, other appropriate bodies (其他適當機構) includes—
(a) the Department of Health;
(b) the Hong Kong Medical Association;
(c) the Hong Kong Dental Association.

(3) It is hereby declared that a notice under subsection (1) is subsidiary legislation.

59ZD. Who may give consent
(1) Consent to the carrying out of treatment in respect of a mentally incapacitated person to whom this Part applies may be given by the guardian of that person appointed under Part IIIA or IVB in respect of whom a guardianship order has conferred the power to consent under section 44B(1)(d) or 59R(3)(d).
(2) Subject to sections 59ZF(1) and 59ZJ, consent to the carrying out of treatment or special treatment in respect of a mentally incapacitated person to whom this Part applies may be given by the Court under this Part.

59ZE. Requests for consent
Any registered medical practitioner or registered dentist may request a guardian of a mentally incapacitated person appointed under Part IIIA or IVB to consent to the carrying out of treatment in respect of that person.