Submitted by Dr LAU Chun Wing Arthur, ICU, PYNEH, Hong Kong, on 31 May 2009
Regarding "Substitute Decision-Making and Advance Directives in Relation to Medical Treatment", which of the following is incorrect?
A. Hong Kong has not yet legislated on advance directives.
B. The Law Reform Commission of Hong Kong (香港法律改革委員會[法改會]) has put forward a model form of advance directives on 16 Aug 2006.
C. The advance directive would be triggered only where the individual is terminally ill, in a persistent vegetative state, or in an irreversible coma.
D. In Hong Kong, one can indicate a wish to have euthanasia performed in his advance directives.
Answer: D
Euthanasia is not lawful in Hong Kong.
On 16 August 2006, the Law Reform Commission released its report (HKLRC Report) on Substitute decision-making and advance directives in relation to medical treatment. The report is concerned with how decisions as to medical treatment can be made for patients who are unable to make those decisions themselves because they are comatose or in a vegetative condition. The report deals with the situation where decisions as to medical treatment are made on behalf of a patient by someone else, such as a doctor, when the patient is comatose or in a vegetative conditions (what is termed "substitute decision-making"). It also deals with the situation where the patient himself, while competent, gives instructions as to the medical treatment he wishes if he later becomes incompetent to make such a decision (referred to as an "advance directive").
Hong Kong has not yet legislated on advance directives. Instead, the Commission has put forward a model form of advance directive which could be used by those wishing to make decisions as to their future health care. The model form would require two witnesses, one of whom must be a medical practitioner. Neither witness should have an interest in the estate of the person making the advance directive. The advance directive would be triggered only where the individual is terminally ill, in a persistent vegetative state or in an irreversible coma.
On 8 Dec 2008, the Panel on Health Services of the Legislative Council met and members agreed with the view of not legislating advance directives yet as the concept of advance directives was still little understood in Hong Kong. They shared the view that the Government should play a role in promoting public awareness and understanding of the concept of advance directives, and should endeavour to enlist the support of relevant bodies, such as the Medical Council of Hong Kong and the Hospital Authority, in the campaign.
References
The Law Reform Commission of Hong Kong. Substitute Decision-making & Advance Directives in Relation to Medical Treatment (HKLRC Report). 16 Aug 2006. Fulltext here.
Panel on Health Services.Meeting on Monday, 8 December 2008 at 8:30 am in Conference Room A of the Legislative Council Building. Advance directives in relation to medical treatment. (8:45 am – 9:35 am).
– LC Paper No. CB(2)388/08-09(03) (issued on 2 December 2008)
– LC Paper No. CB(2)388/08-09(04) (issued on 2 December 2008)