The Legal and Ethical Grounds for Promotion of the End of Life Issue in HKSAR
The Legitimacy of Promotion of Advance Directive and Voluntary Active Euthanasia in HKSAR
Advance Directive is recommended by the Hong Kong Law Reform Commission in 2006 to be promoted through non-legislative means. There is no formal legislation on the relevant laws in Hong Kong. Therefore, its promotion is NOT against any Hong Kong Laws. 香港法律改革委员会在2006年通过並推荐以非立法手段推广预设医疗指示。而香港现时並无相关的正规立法。因此，它的推广并不违反任何香港法律。
Dr. Kwok-Hay Kwong v The Medical Council of HK  In the Ratio Decidendi of the Hon. Ma CJHC (Geoffrey Ma), he laid down these points:- 1. The freedom of expression includes the right to advertise and there is so even where the intention is for personal financial gain. 2. Where the public interest is in favour of allowing advertising, the fact that the person who places the advertisement will be incidentally benefit is no reason to justify restrictions. 3. The European Court of Human Rights referred to the provision of information to the public on a matter of general medical interest as being desirable. 4. A total and absolute ban on all advertising, irrespective of whether the information provided is misleading or not is much more than is necessary to achieve the legitimate purpose. 5. The prohibition against advertising when a doctor referred to his experiences, skills, qualifications or reputation constituted an unjustifiable restriction on the freedom of expression. 6. Concerning the liability of a doctor on advertising by his organisation, there is no justification for imposing such strict liability if a doctor has done everything to prevent a contravention of the code. The Hong Kong Medical Council is a quasi-judiciary organisation but the Court of Appeal is on a higher legal hierarchy. This case laid down the legitimacy of promotion or advertisement by the medical professional in Hong Kong.
3. Freedom of Expression is protected by Article 27 of the Hong Kong Basic Laws. 言论自由受香港基本法第27条保障。
4. The act of Voluntary Active Euthanasia is illegal, based on Offences Against the Person Ordinance [Cap 212]: a person aids, abets, counsels or procures the suicide of another, shall be guilty of an offence. But its relevant promotion or education is protected by the Laws as it does not target on a particular person.自愿主动安乐死的实际行动是违法的，根据侵害人身罪条例[公文212]：任何人士协助，教唆，辅导或促使他人自杀即属犯法。但是相关的推广及教育则受法律保障，因它並没有针对个人行为。
Legal and Ethical Grounds for Voluntary Active Euthanasia
Autonomy and self-determination should be respected. It is protected by the Part 1 (Article 1) of the Hong Kong Bill of Rights Ordinance [Cap 383] enacted in 1991 that is the local adaptation of the provisions of the International Covenant on Civil and Political Rights (ICCPR) in 1976. 自主权及自决权受保障。受1991年香港人权法案条例[公文383]第一条第一章保障，它是1976年国际公民权利及政治权利合约（ICCPR）的本地演绎。
Principle of beneficence, it is patient’s best interest as it alleviates pain and suffering. 基于仁慈的原则，符合为病人免除痛苦及痛楚的最佳利益。
Sanctity and dignity of life. 符合人生的尊严及圣洁。
Full ability and judgment to carry out the duty
Help the sick and injured
Not to about against patient’s will and wrong intention
Not to give poison against patient’s will and wrong intention
Is Voluntary Active Euthanasia against Hippocratic Oath？
It is NOT against Hippocratic Oath:
The duty here is to relieve patient’s pain and suffering, euthanasia is only a means to achieve this purpose.
The purpose (intention) here is to relieve the pain and suffering of the sick and injured.
It is at patient’s voluntary request and it is not against their will.
The medication given is a kind of ‘Peaceful Pill’ and we should not call it a poison. For example, the morphine frequently prescribed in the terminal care. If it is given at a low dose, it will relieve the respiratory distress or pain. But if it is given at a high dose, it can lead to respiratory arrest and even death. So, should we abandon its use clinically? As I explained previously, it is the purpose (intention) that counts.
5. Slippery slope (the worry of non-voluntary euthanasia) was counteracted by the fact that it is not increasing in the Netherlands over so many years of practice of Voluntary Active Euthanasia since 1993.滑坡理论（对非自愿安乐死的忧虑）在荷兰自1993年开始这么多年对自愿主动安乐死的实际经验上证明，它並没有明显的增加。