Hong Kong common law and Part IVC of the Mental Health Ordinance

ABSTRACT Consent is always required before any treatment may lawfully be performed. In the case of a mentally incapacitated adult who is unable to give valid consent, the question arises as to whose consent is needed to render the treatment lawful. This paper examines firstly the legal position in Hong Kong common law, then the new elements introduced by the Mental Health Ordinance, and finally, the practical implications of the law as it stands for doctors