RE KSK

RE KSK

Given the approved final account, the undertakings by the Director and the straightforward nature of the remaining administration, the Committee should be discharged, the Director of Social Welfare should be appointed as payee under Section 24 and the jewellery and personal items should be transferred to the Director under Section 10B(1)(a); Section 24 does not confine payee choice to appointed guardians and the exercise of that discretion must be case specific and in accordance with Section 10A(2).

Citation
RE KSK
Parties
Applicant / Committee of Estate: Official Solicitor; Respondent / Guardian: Director of Social Welfare; Subject / Mentally Incapacitated Person: Madam KSK
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
10 December 2008
Case Number
HCMP1746/2005
Procedural Posture
Application for Discharge of Committee and Appointment of Payee Under the Mental Health Ordinance, Cap. 136 / Decision (chambers)
Outcome
Official Solicitor discharged as Committee; Director of Social Welfare appointed as payee under Section 24; jewellery and personal items transferred to Director for custody under Section 10B(1)(a); final account approved and remuneration previously fixed
Legal Topics
Section 24 Payee Appointment, Discharge of Committee of Estate, Section 10 B(1)(a) Custody of Personal Items, Supervision of Guardian and Funds, Section 10 A(2) Criteria for Exercise of Jurisdiction
Source Language
EN
Mental Health Law Guardianship Estate Administration Section 24 Payee Appointment Discharge of Committee of Estate Section 10 B(1)(a) Custody of Personal Items Supervision of Guardian and Funds Section 10 A(2) Criteria for Exercise of Jurisdiction

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Parties

Official Solicitor

Applicant / Committee of Estate

Director of Social Welfare

Respondent / Guardian

Madam KSK

Subject / Mentally Incapacitated Person

Procedural Posture

Application for Discharge of Committee and Appointment of Payee Under the Mental Health Ordinance, Cap. 136 / Decision (chambers)

Legal Issues

  1. 1 Whether the Official Solicitor as Committee should be discharged
  2. 2 Whether the Director of Social Welfare should be appointed as payee under Section 24
  3. 3 Whether a Section 24 payee must also be the guardian

Ratio Decidendi

Given the approved final account, the undertakings by the Director and the straightforward nature of the remaining administration, the Committee should be discharged, the Director of Social Welfare should be appointed as payee under Section 24 and the jewellery and personal items should be transferred to the Director under Section 10B(1)(a); Section 24 does not confine payee choice to appointed guardians and the exercise of that discretion must be case specific and in accordance with Section 10A(2).

Court Disposition

Official Solicitor discharged as Committee; Director of Social Welfare appointed as payee under Section 24; jewellery and personal items transferred to Director for custody under Section 10B(1)(a); final account approved and remuneration previously fixed

Orders

  • Official Solicitor discharged as Committee of the estate of Madam KSK
  • Assets of KSK to be transferred to the Director of Social Welfare Incorporated Account and the Director appointed as payee under Section 24 of the Mental Health Ordinance