Which of the following is true about consent by a minor (age < 18)?
A. At common law, the giving of a legally effective consent vests only in a parent until the child reaches 18.
B. In Gillick v West Norfolk and Wisbech Area Health Authority, it was held that it was unlawful that doctors were entitled to give contraceptive advice and treatment to children under 16 without parental consent, and Mrs Gillick as a parent could veto any proposed treatment.
C. In Hong Kong, the parental right to veto a Gillick-competent child’s medical treatment has not been tested, nor has there been a case where a mature-minor has refused medical treatment.
D. A minor will not have a capacity to give a valid consent even if he/she has sufficient understanding and intelligence to know what they involve.
Answer: C
Reference
Athena Nga Chee LIU. Family Law for the Hong Kong SAR, p 226