Deciding what is best for you: Best interest determinations on behalf of persons without capacity in the Chinese context


Grant Data
Project Title
Deciding what is best for you: Best interest determinations on behalf of persons without capacity in the Chinese context
Principal Investigator
Professor Cheung, Tin Muk Daisy   (Principal Investigator (PI))
Duration
42
Start Date
2022-01-01
Amount
443426
Conference Title
Deciding what is best for you: Best interest determinations on behalf of persons without capacity in the Chinese context
Keywords
Best interests, Confucian bioethics, Mental incapacity, Substitute decision-making, Will and preferences
Discipline
Law
Panel
Humanities & Social Sciences (H)
HKU Project Code
17615921
Grant Type
General Research Fund (GRF)
Funding Year
2021
Status
On-going
Objectives
1 • To examine the use of the concept of ""best interests"" in decision-making on behalf of persons without mental capacity in the Chinese jurisdictions of Hong Kong, China and Taiwan 2 • To examine the ethical underpinnings of the concept of ""best interests"" in the Chinese context, including the extent to which Confucian ethics and values have influenced the development of the concept and its utilisation in Chinese jurisdictions 3 • To assess the extent to which the concept of ""best interests"" is consistent with local and international human rights standards, including those of the UN Convention on Rights of Persons with Disabilities 4 • To develop a unified, coherent concept of ""best interests"" that is (i) sensitive to Chinese values and norms and (ii) compliant with human rights obligations 5 • To publish at least two articles in top-tier domestic and/or international journals and to present at least one conference paper on the findings of this project