Persons in a Comatose or Vegetative State: Including them as Mentally Incapacitated Persons in the Mental Health Ordinance

Abstract

The Law Reform Commission of Hong Kong's report, released in August 2006, on Substitute Decision-Making and Advance Directives in Relation to Medical Treatment recommends, inter alia, that the definition of a 'mentally incapacitated person' in the Mental Health Ordinance be expanded to include persons who are in a coma or vegetative state. This paper examines some of the issues which the Report considers as the basis for this recommendation and the problems associated with the recommendation. The author argues that although the Report addresses some key concerns, it omits other important considerations. The author concludes with a suggestion that the issue of decision making in relation to medical treatment, and other related issues, be examined again in the near future.