Abdul Hamid Embong J:

The plaintiff, who was 76 years old at the time of making this application, is the wife of the defendant, now aged 90. They were married in 1938 and are blessed with six children, three sons and three daughters. The family is now embroiled in a bitter family conflict with allegations that the defendant had withdrawn huge sums of money from their joint accounts and transferring them into a joint account of the defendant and his third son, Loh Mui Fah. Her application under s. 3 of the Mental Disorders Ordinance 1952 (MDO) seeks for the following orders:

(i) an inquiry as to whether the defendant is mentally disordered and incapable of managing himself and his affairs;

(ii) a time and place be appointed for the inquiry;

(iii) The inquiry be directed to also determine the following:

(a) the nature of the properties belonging to the defendant;

(b) the nature of the documents executed by the defendant from 6 August 2001 until the date of the inquiry;

(iv) such other directions as may be necessary for the purposes of and consequent to the inquiry;

(v) that in the event that the defendant is mentally disordered and incapable of managing himself and his affai