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English court decision: ARB v IVF Hammersmith v R [2018] EWCA Civ 2803 - Father whose ex forged his signature to use frozen embryos lost claim
ARB v IVF Hammersmith v R  [2018] EWCA Civ 2803 In the recent English case of ARB v IVF Hammersmith v R, an ex-partner forged the appellant’s signature. Proceeding on the basis of that signature, the respondent clinic thawed and implanted into the ex-partner an embryo containing the appellant’s gametes. The respondent breached the contract with the appellant in that it failed to obtain the appellant’s written consent.  In the Court of Appeal, the appellant lost ...
Articulating future directions of law reform for compulsory mental health admission and treatment in Hong Kong
An article co-authored by CMEL’s Deputy Director Ms Daisy Cheung and some other participants of CMEL’s 2017 mental health conference was recently published in the International Journal of Law and Psychiatry. Building on the work of the conference, the article explores the various pathways for law reform in the area of compulsory mental health treatment in Hong Kong. Please click here to read or download the article for free before 9 January 2020. Title: Articulating future direct ...
CMEL's Deputy Director Ms Daisy Cheung shares her view on the existing statutory definition of mental incapacity in Hong Kong
Date: 13 Oct, 2019 Newspaper: South China Morning Post Hyperlink: https://www.scmp.com/news/hong-kong/health-environment/article/3032659/choices-terminally-ill-define-clearly-who
Hong Kong court decision: FH and MH v WB and others [2019] HKCFI 1748 - Hong Kong court granted parental order concerning surrogate children after considering issues such as delay, expenses and possible breach of the surrogacy law
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 ...
Causing or Allowing the Death or Serious Harm of a Child or Vulnerable Adult (Hong Kong Law Reform Commission Consultation Paper)
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.   

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