Resources

FH and MH v WB and others [2019] HKCFI 1748   Facts FH and MH (“the Applicants”) were a married couple. They were Hong Kong permanent residents. In 2015, they entered into a gestational carrier agreement (“the GC Agreement”) with WB and her husband HB. Pursuant to the GC Agreement, WB was to be the surrogate mother, and two embryos were placed inside WB’s uterus. The gametes of the Applicants were used to bring about the creation of the embryos. In 2016, WB ...

The Causing or Allowing the Death of a Child or Vulnerable Adult Sub-committee of the Hong Kong Law Reform Commission issued a consultation paper on 16 May 2019 making a preliminary proposal recommending that the Government introduce an offence of “failure to protect a child or vulnerable person where the child's or vulnerable person’s death or serious harm results from an unlawful act or neglect”. The Sub-committee recommends defining a “vulnerable person” as & ...

In light of recent events that have raised issues about doctor-patient confidentiality, CMEL HKU has put together a short series discussing some related questions.   

Editors: Jens M. Scherpe Reader in Comparative Law and Director of Cambridge Family Law, the University of Cambridge Cheng Yu Tung Visiting Professor in Law, the University of Hong Kong Honorary Professor, the University of Aalborg Academic Door Tenant, Queen Elizabeth Building, London Claire Fenton-glynn Lecturer in Law, the University of Cambridge Associate Member, Harcourt Chambers, London Terry Kaan Associate Professor of Law & Co-Direc ...

An NHS Trust and others v Y (by his litigation friend, the Official Solicitor) and another [2018] UKSC 46   The Supreme Court of the United Kingdom ruled that neither the domestic law nor the European Convention on Human Rights (“ECHR”) made it mandatory, in every case, to apply to the court for approval before clinically assisted nutrition and hydration (“CANH”) could be withdrawn from a patient with a prolonged disorder of consciousness (“PDOC”) ...

Singapore court decision: UKM v Attorney-General [2018] SGHCF 18 Facts: The appellant had been in a long-term relationship with his same-sex partner. They decided to raise a child together and paid a surrogate mother in the United States to carry and deliver a baby conceived through in vitro fertilisation, in which procedure the appellant’s sperm and the egg of an anonymous donor were used. Subsequently, the surrogate mother gave birth to the appellant’s biological son (“th ...