(To watch the video with sign language interpretation, click here.)

The Food & Health Bureau today launched a public consultation concerning end-of-life care legislative proposals on advance directives and dying in place.

The Government has proposed to codify the current common law position in respect of an advance directive and to increase the safeguards attached to it.

It has also suggested to remove legislative impediments to implementing advance directives by emergency rescue personnel, and revise relevant provisions to facilitating dying in place in residential care homes for the elderly.

Noting that advance directives and dying in place are important measures that respect the choice of people nearing death, the bureau’s Consultant (Health) Albert Lam said patients should have their self-determination right to decide whether to receive or refuse a treatment.

He said the Hospital Authority has been adopting or helping patients to sign advance directives for many years.

“Advance directives right now are legal. What we are trying to propose right now is to put it into statute, to write down the common law practices, write them down into legal terms.”

The Government has referred to case scenarios from the Hospital Authority and multiple overseas practices when formulating the proposals.

“Taking reference from other common law jurisdictions, like the UK, England and Wales, they have set down such advance directive provisions into statute. So, what we are saying is, it’s not legalising advance directives, but putting it into statute,” Mr Lam said.

He stressed an advance directive is different from euthanasia.

“Advance directives cannot include illegal acts or treatments. So even after the legislation on advance directives is in place, for euthanasia, the position remains the same, it is not legal right now.”

An advance directive is usually a statement in writing, in which a person in a mentally competent state indicates the medical treatment he or she would refuse at a future time when the individual is no longer mentally competent. Making an advance directive is entirely voluntary.

Dying in place means spending the final days at a place the patient chooses, be it at home or in a residential care home for the elderly, and not necessarily in a hospital.

Secretary for Food & Health Prof Sophia Chan said given the trend of an ageing population, the Government, the Hospital Authority and various non-governmental organisations have all along spared no efforts to improve end-of-life care in Hong Kong.

“During the course of end-of-life care planning, it is of utmost importance to uphold patient self-determination.

"I hope that through this consultation, we can improve the quality of life of patients right up to the last moments, and the well-being of their families even beyond the patients' departure."

The public can send their views to the bureau by email, fax or post by December 16.

Click here for details.