Topic outline

   
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sobre

Hong Kong (Chinese: 香港) is one of two Special Administrative Regions (SARs) of the People's Republic of China (PRC). Hong Kong became a colony of the British after the First Opium War (1839–42) until 1997 when China resumed sovereignity. A city-state situated on China's south coast and enclosed by the Pearl River Delta and South China Sea, it is renowned for its expansive skyline and deep natural harbour. With a land mass of 1,104 km2 (426 sq mi) and a population of seven million people, Hong Kong is one of the most densely populated areas in the world. Hong Kong's population is 95 percent ethnic Chinese and 5 percent from other groups.

A complete description of Hong Kong Health Care system is available online at:

http://www.gov.hk/en/residents/health/hosp/overview.htm



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panoramica
panoramica

The Hong Kong Law Reform 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, believing that, if correctly completed, an individual can be reasonably assured that his wishes will be carried out.

The model form (at Annex 1 of the Commission’s report, available online at http://www.hkreform.gov.hk/en/docs/rdecision-e.pdf - English) and http://www.hkreform.gov.hk/tc/docs/rdecision-c.pdf -Chinese), would require two witnesses, one of whom must be a medical practitioner

The advance directive would be triggered only where the individual is terminally ill, in a persistent vegetative state or in an irreversible coma.

An advance directive can be revoked at any time. Those wishing to revoke an advance directive should be encouraged to do so in writing, but it may also be revoked orally.

 

  


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legislacion
legislacion

There is currently no specific regulation to advance directives in Hong Kong.

However, under the existing Common Law an individual may, while capable, give directions as to his future health care once he no longer has the capacity to make such decisions. Those directions (advance directives) will be recognised as valid if they are sufficiently clear and are not challenged on the grounds of, for instance, incapacity or undue influence.

The Enduring Powers of Attorney Ordinance provides a procedure whereby a power of attorney can continue after the donor becomes mentally incapacitated. However, this person can only confer on the attorney authority to act in relation to the property and financial affairs of the donor. It is of no avail in relation to consent to medical treatment. The Hong Kong Law Reform Commission (HKLRC) (available online at http://www.hkreform.gov.hk), following an earlier consultation paper issued in July 2004, released its final report on “Substitute Decision-making and Advance Directives in Relation to Medical Treatment” (Available online at http://www.hkreform.gov.hk/en/publications/rdecision.htm) on 16 August 2006. This report considers five options to reform the law:

A: Extend the existing scope of enduring powers of attorney

B: Create welfare or continuing powers of attorney

C: Expand the functions of the Guardianship Board

D: Provide a legislative basis for advance directives

E: Retain the existing law and promote the concept of advance directives by non-legislative means.

The report concludes that the last of these options should be adopted, and that the concept of advance directives should be promoted initially by non-legislative means.  The report puts forward a model form of advance directive and recommends that the Government and relevant organisations should take steps to promote public awareness and understanding of the concept of advance directives.




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como registrar una voluntad anticipada
registro

No central registry to record advance directives exists in Hong Kong, and the Commission has decided not to recommend its establishment, since the essence of the Commission’s proposals is that the existence and terms of a patient’s advance directive are non-mandatory. As a result, it is not possible to provide any estimate of the number of advance directives which have been completed in Hong Kong.

     
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formularios

formulario

Modelo obligatorio

texto aqui

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preguntas

  1. ¿Qué es la Declaración de Voluntad Vital Anticipada?

    texto aqui

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informacion

legislacion

More information about Advance Directives in Hong Kong available at the following links:

· Bioethics in Hong Kong http://www.hku.hk/bioeth/Bioethics_in_GChina/Bioethics_HK.htm

 


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