London Daily

Focus on the big picture.
Wednesday, Oct 22, 2025

‘Make clear who is mentally fit to decide end-of-life treatments’

‘Make clear who is mentally fit to decide end-of-life treatments’

Experts call for clear legal definition of mental competence amid apprehension it may interfere with a person’s choice of receiving end-of-life treatment.
Former Hong Kong health minister Yeoh Eng-kiong feels it should be defined in clear legal terms who is a mentally competent person.

University of Hong Kong legal scholar Daisy Cheung says a mental illness does not necessarily render a person incapable of making a decision.

Former Hong Kong health minister Professor Yeoh Eng-kiong wants the government to define clearly, in legal terms, the circumstances in which a person will be considered capable of deciding what medical treatments to receive when he or she is terminally ill.

He made this call as the Food and Health Bureau launched a public consultation last month on legislative proposals aimed at improving Hong Kong’s end-of-life care.

The changes include giving legal support to advance directives, a document already used by some to indicate the medical treatments they want, or prefer not to have, when they are dying.

For example, those who prefer not to have their lives prolonged may state in the directive that they do not wish to undergo life-sustaining procedures such as cardiopulmonary resuscitation (CPR) or be put on artificial ventilation machines.

A small number of public health sector patients have signed advance directives, with the number rising from 150 in 2012 to 1,557 last year.

Among the proposed changes is one which says the document must be made by “a mentally competent person who is aged 18 or above”.

Former minister Yeoh, who is currently director of Chinese University’s school of public health, is concerned that the advance directive can be challenged legally if mental capacity – the ability to make a decision – is not clearly defined.

“Now there isn’t a clear explanation of what mental capacity is under the ordinance,” he said in a media interview. “Without a clear definition, how can you draft advance directives?”

The issue of an individual’s mental capacity also affects other areas such as authorising another person to handle financial matters, he said.

Currently, the Mental Health Ordinance, the city’s only law dealing with mental health matters, briefly defines mental incapacity as “mental disorder” or “mental handicap”.

Daisy Cheung Tin-muk, an assistant professor from University of Hong Kong who specialises in mental health law, said such definitions are problematic. She pointed out that a person may have a mental illness, but that does not necessarily mean he is incapable of making a decision.

“If a person has depression, it does not mean it will affect him making a decision related to treatments,” she said.

Elderly Commission chairman Dr Lam Ching-choi raised another scenario, concerning people with dementia, whose number is expected to rise to around 300,000 in 2039 as Hong Kong’s population ages.

“A patient with dementia might quickly forget a question asked just now, but remember a decision made years ago,” Lam said. “Sometimes it will be difficult for health care staff to determine whether the patient failed to make his own decision.”

Drawing on overseas experience, Yeoh said Britain has a Mental Capacity Act to deal specifically with the issue, as well as a separate law concerning the care and treatment of people with mental disorders.

Under the British act, a person’s mental capacity is assessed by using a two-stage test. It includes a set of questions designed to check if the person has an impairment of the mind or brain, and assess if the damaged function means the person cannot make a specific decision.

“Some elderly people might have poor memory, but that does not mean they cannot decide when to eat or decide other life-or-death matters,” Yeoh said.

The British law states clearly that a person is unable to make a decision if he cannot understand the information relevant to the decision, remember the information, and use the information when making the decision.

Cheung said the British approach could be used in different situations, ranging from financial to medical matters, whereas Hong Kong is using separate mental capacity tests for different scenarios.
Newsletter

Related Articles

0:00
0:00
Close
‘Frightening’ First Night in Prison for Sarkozy: Inmates Riot and Shout ‘Little Nicolas’
White House Announces No Imminent Summit Between Trump and Putin
US and Qatar Warn EU of Trade and Energy Risks from Tough Climate Regulation
Apple Challenges EU Digital Markets Act Crackdown in Landmark Court Battle
Nicolas Sarkozy begins five-year prison term at La Santé in Paris
Japan stocks surge to record as Sanae Takaichi becomes Prime Minister
This Is How the 'Heist of the Century' Was Carried Out at the Louvre in Seven Minutes: France Humiliated as Crown with 2,000 Diamonds Vanishes
China Warns UK of ‘Consequences’ After Delay to London Embassy Approval
France’s Wealthy Shift Billions to Luxembourg and Switzerland Amid Tax and Political Turmoil
"Sniper Position": Observation Post Targeting 'Air Force One' Found Before Trump’s Arrival in Florida
Shouting Match at the White House: 'Trump Cursed, Threw Maps, and Told Zelensky – "Putin Will Destroy You"'
Windows’ Own ‘Siri’ Has Arrived: You Can Now Talk to Your Computer
Thailand and Singapore Investigate Cambodian-Based Prince Group as U.S. and U.K. Sanctions Unfold
‘No Kings’ Protests Inflate Numbers — But History Shows Nations Collapse Without Strong Executive Power
Chinese Tech Giants Halt Stablecoin Launches After Beijing’s Regulatory Intervention
Manhattan Jury Holds BNP Paribas Liable for Enabling Sudanese Government Abuses
Trump Orders Immediate Release of Former Congressman George Santos After Commuting Prison Sentence
S&P Downgrades France’s Credit Rating, Citing Soaring Debt and Political Instability
Ofcom Rules BBC’s Gaza Documentary ‘Materially Misleading’ Over Narrator’s Hamas Ties
Diane Keaton’s Cause of Death Revealed as Pneumonia, Family Confirms
Former Lostprophets Frontman Ian Watkins Stabbed to Death in British Prison
"The Tsunami Is Coming, and It’s Massive": The World’s Richest Man Unveils a New AI Vision
Outsider, Heroine, Trailblazer: Diane Keaton Was Always a Little Strange — and Forever One of a Kind
Dramatic Development in the Death of 'Mango' Founder: Billionaire's Son Suspected of Murder
Two Years of Darkness: The Harrowing Testimonies of Israeli Hostages Emerging From Gaza Captivity
EU Moves to Use Frozen Russian Assets to Buy U.S. Weapons for Ukraine
Europe Emerges as the Biggest Casualty in U.S.-China Rare Earth Rivalry
HSBC Confronts Strategic Crossroads as NAB Seeks Only Retail Arm in Australia Exit
U.S. Chamber Sues Trump Over $100,000 H-1B Visa Fee
Shenzhen Expo Spotlights China’s Quantum Step in Semiconductor Self-Reliance
China Accelerates to the Forefront in Global Nuclear Fusion Race
Yachts, Private Jets, and a Picasso Painting: Exposed as 'One of the Largest Frauds in History'
Australia’s Wedgetail Spies Aid NATO Response as Russian MiGs Breach Estonian Airspace
McGowan Urges Chalmers to Cut Spending Over Tax Hike to Close $20 Billion Budget Gap
Victoria Orders Review of Transgender Prison Placement Amid Safety Concerns for Female Inmates
U.S. Treasury Mobilises New $20 Billion Debt Facility to Stabilise Argentina
French Business Leaders Decry Budget as Macron’s Pro-Enterprise Promise Undermined
Trump Claims Modi Pledged India Would End Russian Oil Imports Amid U.S. Tariff Pressure
Surging AI Startup Valuations Fuel Bubble Concerns Among Top Investors
Australian Punter Archie Wilson Tears Up During Nebraska Press Conference, Sparking Conversation on Male Vulnerability
Australia Confirms U.S. Access to Upgraded Submarine Shipyard Under AUKUS Deal
“Firepower” Promised for Ukraine as NATO Ministers Meet — But U.S. Tomahawks Remain Undecided
Brands Confront New Dilemma as Extremists Adopt Fashion Labels
The Sydney Sweeney and Jeans Storm: “The Outcome Surpassed Our Wildest Dreams”
Erika Kirk Delivers Moving Tribute at White House as Trump Awards Charlie Presidential Medal of Freedom
British Food Influencer ‘Big John’ Detained in Australia After Visa Dispute
ScamBodia: The Chinese Fraud Empire Shielded by Cambodia’s Ruling Elite
French PM Suspends Macron’s Pension Reform Until After 2027 in Bid to Stabilize Government
Orange, Bouygues and Free Make €17 Billion Bid for Drahi’s Altice France Telecom Assets
Dutch Government Seizes Chipmaker After U.S. Presses for Removal of Chinese CEO
×