Resources

Resources

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.   
Eastern and Western Perspectives on Surrogacy
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 ...
English court decision: An NHS Trust and others v Y (by his litigation friend, the Official Solicitor) and another [2018] UKSC 46
Supreme Court of the United Kingdom rules that prior application to court is not necessarily required before clinically assisted nutrition and hydration can be withdrawn from a patient with a prolonged disorder of consciousness
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”) ...

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