LEGCO WORK

Advance Decision on Life-sustaining Treatment Bill(2024.11.20)

Thank you, Deputy President. I support the Advance Decision on Life-sustaining Treatment Bill (“the Bill”). The Bill seeks to enable individuals aged 18 or above who are mentally capable to make advance medical directives (“AMDs”) regarding life-sustaining treatments. At present, Hong Kong lacks laws that prescribe the legal standing of AMDs and do-not-attempt cardiopulmonary resuscitation (“DNACPR”) orders, often leading to conflicts between the attending healthcare professionals and the patient’s families about treatment preferences. There is thus an urgent need for legislation.

Everyone’s life has an end. When a patient approaches the end of life, existing medical technology can still provide life-sustaining methods (including cardiopulmonary resuscitation and breathing with the help of ventilating machine) for the patient. However, for elderly or terminally ill patients, life support may only prolong the dying process at the cost of increased pain and physical harm, with no hope of recovery but subjecting the patients to the pain of repeated resuscitation procedures in the future.

The Bill establishes a legal framework for AMDs, providing end-stage patients with more treatment choices while safeguarding healthcare professionals and rescuers. It removes legal barriers faced by those providing urgent rescue, mitigates family conflicts, and encourages consensus, thus honouring the patients’ wishes and serving their best interests.

The authorities should enhance public awareness of AMDs and, most importantly, educate the public on the true meaning of AMDs and correct the misconception that AMDs are equivalent to euthanasia. The purpose of making an AMD is to provide end-of-life care that is in the best interests of patients and avoid providing them with ineffective treatments, so that they can leave this world peacefully. As AMDs do not directly and intentionally cause a person to die, it is not equivalent to euthanasia. Furthermore, the authorities should expeditiously study the inclusion of registered Chinese medicine practitioners outside Chinese medicine hospitals as statutory witnesses, so that Chinese medicine practitioners can enjoy the same status as Western medical practitioners in providing patients with AMD information according to the actual needs of the patients.

A number of members have suggested setting up a centralized electronic registration system. The authorities have stated that they have taken into account members’ suggestions and hope to implement the system as soon as possible and that they are actively studying the feasibility of using the digital form to facilitate the making of AMDs. At the same time, the authorities have undertaken to study the method of storing the original written DNACPR orders, so that the makers or their family members can show the orders to the rescuers in case of emergency for the protection of both patients and rescuers.

Thank you, Deputy President.

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