CRPD.C.CHN.Q.1.Add.1_en (1).doc

Director of social welfare v lam kwok wah 1988 hklr

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Director of Social Welfare v Lam Kwok Wah [1988] HKLR 206, the parents had religious objections and lacked faith in Western medicine. The court overrode their objections to their 8-year-old son, injured in a road accident, having an operation to fit a plastic cover over his brain to prevent future injury. 4.9 In order to establish that the proposed withdrawal of treatment from a child patient is in the best interests of the child where no consensus can be reached between the parents (and the child if Gillick competent) and the medical team, an application may be made to the court for a declaration as to the lawfulness of the proposed action under its inherent jurisdiction. Equal recognition before the law (Article 12) 5. Please provide data, disaggregated by sex, on how many persons with disabilities have been put under guardianship and on the number of rulings modifying the capacity to act, if any (ibid., para. 12.9). 5.1 The Guardianship Board is authorised under the MHO to appoint guardians for adults at 18 years of age and over who are mentally incapable of making their own decisions about their personal affairs, financial matters or medical or dental treatments, in order to promote and protect their interests and welfare. The Board may decide to appoint a private guardian (a family member or friend) or the public guardian (Director of Social Welfare). The Board may give the guardian the legal 46
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power to make important decisions relating to personal circumstances for such adults e.g. about his/her place of residence or consenting to his/her medical or dental treatment. The number of persons under guardianship over the past five years, disaggregated by sex, is as follows - Year Sex 2007 2008 2009 2010 2011 2012 (as at end of April 2012) Male 111 129 142 122 127 49 Female 131 130 135 135 134 48 Total 242 259 277 257 261 97 5.2 The number of rulings modifying the capacity to act (i.e. subject persons who are ruled as not mentally incapacitated persons) over the past five years, disaggregated by sex, is as follows – Year Sex 2007 2008 2009 2010 2011 2012 (as at end of April 2012) Male 2 2 3 3 1 2 Female 0 2 0 0 1 0 Total 2 4 3 3 2 2 6. Please provide further information regarding the extent to which Hong Kong, China is providing legal technical assistance, advocacy support and legal training for people with disabilities and parents of children with disabilities (ibid., paras. 12.1 and 12.4-12.9). 6.1 In addition to the legal aid policy and services elaborated in paragraphs 12.4 to 12.7 of the Report, the Legal Aid Department (LAD) will pay for the expenses reasonably incurred by the assigned lawyers for legal technical assistance such as sign language interpretation service for the proper conduct of the case as litigation expenses. LAD will also pay for sign language interpretation service for applicants for legal aid and in 47
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appropriate cases arrange home/hospital visits to help applicants with physical disabilities with the application process. For applicants (including those with disabilities) who fail to pass the means and/or merits tests, they have a right of appeal to the Registrar of the High Court.
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