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  • 7 - The Proposed New Law on Advance Directives in Hong Kong: A Piecemeal Attempt at Codification?

  • from Part II - Semi-regulated Jurisdictions
  • Edited by Daisy Cheung, The University of Hong Kong, Michael Dunn, National University of Singapore
  • Book:
    Advance Directives Across Asia
    Published online:
    02 February 2023
    Print publication:
    09 February 2023, pp 133-149
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  • Summary

    Hong Kong currently lacks both a statute and local case law clarifying the legal status of advance directives, although a legislative framework has recently been proposed by the government. This chapter begins by tracing the development of advance directives in Hong Kong, leading up to the government’s legislative proposal. After a detailed discussion of this proposal, we consider the legal obstacles that must be overcome for advance directive legislation to be successfully introduced in Hong Kong, including deficiencies in mental capacity law. We then explore the local practice of advance directives, as well as the sociocultural values and influences that shape this practice, and the practical challenges in promoting wider use of advance directives in Hong Kong.