Full legislation
s.1A
Mental incapacity
(1)
A person shall be regarded as being mentally incapable or suffering from mental incapacity for any purpose relating to a power of attorney for which the fact that a person is mentally incapable or is suffering from mental incapacity is relevant,
if—
(a)
he is suffering from mental disorder or mental handicap
and—
(i)
is unable to understand the effect of the power of attorney; or
(ii)
is unable by reason of his mental disorder or mental handicap to make a decision to grant a power of attorney; or
(b)
he is unable to communicate to any other person who has made a reasonable effort to understand him, any intention or wish to grant a power of attorney.
(2)
For the purposes of subsection (1),
mental
disorder
(
精神紊亂
) and
mental
handicap
(
弱智
) have the meanings assigned to them by
the Mental Health Ordinance (
Cap. 136
).