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A practical guide to capacity assessment and patient
consent in Hong Kong
JG Wong, P Scully
Department of Psychiatry, The University of Hong Kong, Queen Mary
Hospital, Pokfulam Road, Hong Kong
A person’s decision-making capacity is pivotal
when a doctor determines whether a person has the ability to make
his or her own decisions, and thus it has major clinical, ethical,
and legal significance, especially in Hong Kong, where the Mental
Health Ordinance has introduced Guardianship provisions and provisions
for the treatment of mentally incapacitated persons. This paper
examines the legal concept of decision-making capacity and its clinical
assessment within the local context. It is important for doctors
to be aware of the legal mechanisms under which both urgent and
non-urgent treatment can be given to mentally incapacitated persons,
provided that the treatment is necessary and given in the best interests
of the patient.
Hong Kong Med J 2003;9:284-9
Key words: Decision making; Informed consent; Mental
competency
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