3 Mar 2023
RE LYM
- Citation
- [2023] HKCFI 656
- Court
- Court of First Instance
- Case number
- HCMH44/2013
The Committee does not have locus to apply for guardianship under s59M read with s59N(1) of the Mental Health Ordinance because s59N(1) prescribes the sole categories of applicants; however, the High Court possesses an inherent protective jurisdiction to appoint a guardian for an adult mentally incapacitated person who falls outside the statutory applicant categories where the statutory scheme is inadequate, and the Court may call for a social enquiry report (containing s59P(3) information) from the Director before deciding whether to appoint the Committee as guardian of LYM.