AI-assisted research summary: Private guardians of mentally incapacitated persons must notify the Director about specified changes and take reasonable steps to ensure safety and care; the Director must arrange regular visits.
Mental Health (Guardianship) Regulations(Cap. 136, section 72) [29 December 1989] L.N. 420 of 1989(Format changes—E.R. 4 of 2019) 1. Citation These regulations may be cited as the Mental Health (Guardianship) Regulations. 2. Interpretation In these regulations, unless the context otherwise requires—Director (署長) means the Director of Social Welfare;guardianship (監護) means guardianship under Part III, IIIA or IVB of the Ordinance; (L.N. 99 of 1998)private guardian (非官方監護人) in relation to a mentally incapacitated person means a person other than the Director who is the guardian of the mentally incapacitated person under the Ordinance. (L.N. 99 of 1998)(L.N. 99 of 1998) 3. Duties of private guardians (1) It shall be the duty of the private guardian of a mentally incapacitated person—(a) to permit access to the mentally incapacitated person 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 mentally incapacitated person’s place of residence not later than 14 days after such change takes place;(c) where the mentally incapacitated person has been absent for a continuous period of 28 days from the place last notified to the Director as the mentally incapacitated person’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 28 days;(d) to furnish the Director with such reports or information with regard to the mentally incapacitated person 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;(f) in the event of the death of the mentally incapacitated person, to notify the Director of that fact as soon as is reasonably practicable and in any event not later than 14 days after the mentally incapacitated person’s death;(g) where it comes to his knowledge that the mentally incapacitated person 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 mentally incapacitated person 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 mentally incapacitated person’s employment or training or educational course; or(iii) the mentally incapacitated person 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) to give the Director at least 2 weeks’ notice of the mentally incapacitated person’s intended departure from Hong Kong; and (L.N. 99 of 1998)(j) to take all reasonable steps to ensure the safety and welfare of the mentally incapacitated person and to arrange for the provision of adequate care for the mentally incapacitated person.(2) For the purpose of subregulation (1)(b), residence for a continuous period of 28 days at a place other than the place last notified to the Director shall constitute a change of address.(L.N. 99 of 1998) 4. (Repealed L.N. 99 of 1998) 5. Duty of Director to ensure visits to mentally incapacitated person The Director shall arrange for every mentally incapacitated person 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.(L.N. 99 of 1998) 6. (Repealed L.N. 99 of 1998) 7. (Repealed L.N. 99 of 1998) 8. (Repealed L.N. 99 of 1998) 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 at level 1 and to imprisonment for 3 months.(L.N. 99 of 1998)