Hearings (Mental Health Ordinance, section 59X)

Hearings (Mental Health Ordinance, section 59X)

The general rule is that Guardianship Board hearings are open to the public unless the Guardianship Board determines that, in the interests of the MIP of the subject proceedings or for some other good reason, the hearing should be conducted wholly or partly in private. 

Hearings before the Guardianship Board shall be conducted with as little formality and legal technicality and form as circumstances of the case permit. 

Every hearing is conducted by at least three members of the Guardianship Board. There must be one person with personal experience of persons with mental incapacity, one lawyer and one professional (e.g. doctor, social worker, clinical psychologist).

Parties can appear in front of the Guardianship Board either acting in person, or be represented by a counsel or a solicitor (section 59Y of the Mental Health Ordinance). When the Board considers it necessary, it can order that the party be separately represented, or make orders to secure separate representation for that person. 

The Guardianship Board has the power to hear, receive, and examine evidence on oath. It is not bound by the rules of evidence, but may inform itself on any matter in such manner as it thinks fit. 

The procedures for hearings before the Guardianship Board shall be determined by the Board. This can include rules prescribed by the Mental Health Guardianship Board Rules (Cap. 136E). 

In the hearing, the Guardianship Board takes into consideration:

1. Whether the appointment of a guardian is appropriate and meets the criteria and principles of the law;
2. Who the guardian should be;
3. What powers the guardian will have; and

4. The length and other terms and conditions of the order.