Replies to LegCo questions
LCQ17: Euthanasia
Following is a question by the Hon Albert Chan and a written reply by the
Secretary for Food and Health, Dr York Chow, in the Legislative Council today
(January 11):
Question:
In the past few years, quite a number of members of the public have relayed to
me their wish that the Government would permit euthanasia (which, according to
the Code of Professional Conduct for the Guidance of Registered Medical
Practitioners of the Medical Council of Hong Kong, is defined as "direct
intentional killing of a person as part of the medical care being offered") be
performed on terminally ill patients. In this connection, will the Government
inform this Council:
(a) whether it knows the numbers of requests for euthanasia from members of the
public received by the Hospital Authority in each of the past three years;
(b) whether the authorities had conducted any study in the past three years on
the legalisation of euthanasia and the specific criteria for performing
euthanasia; if they had, of the outcome of the study; if not, the reasons for
that; and
(c) given that it is understood that certain states of the United States and
some European countries now permit a terminally ill patient in clear
consciousness to request his doctor to perform euthanasia on him and, upon
confirmation by several doctors after assessments, the doctor will prescribe
lethal drugs for consumption by the patient on his own initiative, whether the
Government will draw reference from the policies adopted in these countries and
conduct public consultation on whether euthanasia should be permitted in Hong
Kong as well as carry out a further study; if it will, of the details; if not,
the reasons for that?
Reply:
President,
Euthanasia involves a third party's acts of intentional killing, manslaughter,
or aiding, abetting, counselling or procuring the suicide of another, or an
attempt by another to commit suicide, which are unlawful acts according to the
laws of Hong Kong, possibly liable to criminal offence(s) under Offences Against
The Person Ordinance (Cap. 212). Also, the Code of Professional Conduct (the
Code) of the Medical Council of Hong Kong defines euthanasia as "direct
intentional killing of a person as part of the medical care being offered".
Euthanasia is neither legal nor medically ethical in Hong Kong. Hence, even if a
person requests for the conduct of euthanasia, healthcare professionals should
in no way act as instructed. Any person who is involved in euthanasia may have
committed the above offences.
Withholding life-sustaining treatment for the terminally ill and euthanasia are
two distinct concepts. As prescribed in the Code, the withholding or withdrawing
of artificial life support procedures for a terminally ill patient is not
euthanasia. Withholding or withdrawing life-sustaining treatment taking into
account the patient's benefits, wish of the patient and family, and the
principle of futility of treatment for a terminal patient, is legally acceptable
and appropriate. It is important that the right of the terminally ill patient be
respected. Where it is impossible to ascertain the views of the patient, the
views of his/her relatives should be solicited. The Hospital Authority (HA) has
issued the Guidelines on Life-sustaining Treatment in the Terminally Ill based
on the Code with a view to assisting HA frontline doctors, nurses and other
healthcare professionals caring for the terminally ill in making decisions with
respect to life-sustaining treatment for the terminally ill.
Our specific reply to the respective parts of the question is as follows:
(a) HA has occasionally received individual enquiries regarding the issue of
euthanasia. We have not compiled statistics in this aspect.
(b) and (c) According to our understanding, the vast majority of countries and
places in the world currently do not allow euthanasia. A very small number of
countries (e.g. the Netherlands and Belgium) allow euthanasia to be conducted
under statutory regulations; in the USA a minority number of states (e.g. the
State of Oregon) allow doctors to assist terminally ill patients in committing
suicide under statutory regulations, while maintaining euthanasia as an illegal
act.
Euthanasia is a highly complex and controversial issue involving implications in
various dimensions including medical, social, moral, ethical and legal aspects,
etc. Any subject matter concerning life must be considered carefully. The
Medical Council of Hong Kong has made clear in the Code that euthanasia is
"illegal and unethical". In the past, various sectors of the community including
the Legislative Council, professional bodies, community organisations, newspaper
commentaries, etc. had some discussions touching on the issue of euthanasia, and
the current laws in Hong Kong as well as the Code have already reflected the
views of society.
Very often, a patient's desire to seek death is grown out of his/her wish to
seek assistance in relieving his/her physical, mental and other kinds of pain.
The responsibility of healthcare workers is to provide suitable treatment to
patients. Even terminal patients should be taken care of suitably in order to
relieve the pain of their body and mind. Currently, there is no strong request
in society to change the position of the current laws and the Code towards
euthanasia, and hence the Administration has no plan to study or consult on the
issue of legalising euthanasia. We will continue to listen to the views from the
public.
Ends/Wednesday, January 11, 2012
Issued at HKT 18:20
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