2. The Rules of Court (R 5) are amended by inserting, immediately after Order 103, the following Order:| VOLUNTARY STERILIZATION ACT |
| Interpretation (O. 104, r. 1) |
1.—(1) In this Order, unless the context otherwise requires —| “Act” means the Voluntary Sterilization Act (Cap. 347), and any reference to a section shall be construed as a reference to a section in that Act; |
| “relevant person” means a person who lacks capacity, within the meaning of section 4 of the Mental Capacity Act (Cap. 177A), to consent to undergoing any treatment for sexual sterilization. |
| (2) Expressions used in this Order which are used in the Act have the same meanings in this Order as in the Act. |
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| Commencement of proceedings (O. 104, r. 2) |
| 2. Unless otherwise provided in these Rules, every application to the Court under section 3(2)(d) or (e) must be made by ex parte originating summons in Form 5. |
| Title of proceedings (O. 104, r. 3) |
| 3. Every originating summons to which this Order relates, and all affidavits, notices and other documents in those proceedings, must be entitled in the matter of the Act and in the matter of the relevant person. |
| Supporting affidavits (O. 104, r. 4) |
4.—(1) An application under section 3(2)(d) or (e) must be supported by an affidavit affirmed or sworn by the applicant.(2) The affidavit shall contain the following:| (a) | if the application is made under section 3(2)(d), an authenticated copy of the marriage certificate or the entry in the register of marriages in respect of the applicant and the relevant person; | | (b) | if the application is made under section 3(2)(e) and the applicant is a parent of the relevant person, an authenticated copy of the birth certificate of the relevant person; | | (c) | if the application is made under section 3(2)(e) and the applicant is a guardian of the relevant person, such evidence to show that the applicant has been entrusted with the care and custody of the relevant person; | | (d) | a statement by the applicant that he has received, from the registered medical practitioner who will be carrying out the treatment for sexual sterilization, a full and reasonable explanation as to the meaning and consequences of that treatment, and that the applicant clearly understands the meaning and consequences of that treatment; and | | (e) | a report from the registered medical practitioner who will be carrying out the treatment for sexual sterilization stating that —| (i) | the relevant person who is to undergo such treatment lacks capacity within the meaning of section 4 of the Mental Capacity Act (Cap. 177A) to consent to that treatment; | | (ii) | he has given the applicant a full and reasonable explanation as to the meaning and consequences of that treatment; and | | (iii) | such treatment is in his professional opinion necessary in the best interests of the relevant person. |
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| Court may require attendance of relevant person (O. 104, r. 5) |
| 5. The Court may require the relevant person to attend at any hearing of an application under section 3(2)(d) or (e). |
| Court may require assessment or examination of relevant person (O. 104, r. 6) |
6.—(1) Notwithstanding the report from the registered medical practitioner referred to in rule 4(2)(e), the Court may require the relevant person —| (a) | to be assessed by another registered medical practitioner as to whether the relevant person lacks capacity within the meaning of section 4 of the Mental Capacity Act (Cap. 177A); or | | (b) | to undergo a medical, psychiatric or psychological examination by another registered medical practitioner. |
| (2) Where the relevant person is assessed or examined by another registered medical practitioner, such registered medical practitioner shall submit a report to the Court within such time as the Court may direct. |
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| Objections (O. 104, r. 7) |
7.—(1) Where any person intends to object to an application under section 3(2)(d) or (e), he must apply for the leave of the Court to intervene in the application.| (2) An application for the grant of leave under this Rule must be made by ex parte summons supported by an affidavit showing the relationship of the person applying for such leave to the relevant person and containing the grounds of objection. |
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| Documents confidential (O. 104, r. 8) |
| 8. All documents filed in the application shall be confidential and no inspection thereof shall be given or copy thereof supplied except as ordered by the Court. |
| 9. The Court may make such orders as to costs as it thinks just and may direct that all the costs of an originating summons under the Act shall be borne and paid by the applicant.”. |
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