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Annual Review of Hong Kong Health Law 2023 & Book Launch of Healthcare Law and Ethics: Principles & Practices

This seminar is intended to provide an overview of significant and noteworthy regulatory and case law developments affecting medical and health law in Hong Kong. This seminar will also feature a book launch of Healthcare Law and Ethics: Principles & Practices (City University of Hong Kong Press, 2023). Dr James S. P. CHIU, co-editor, will introduce the book. Programme booklet: click here Opening Address and Introductory Remarks  Gilberto K. K. Leung Tsang Wing-Hing Professor in Clinical...

Jan-Feb 2023 Issue

1. Book • Advance Directives Across Asia: A Comparative Socio-legal Analysis 2. Journal Articles • Medical Manslaughter in Hong Kong: What Now? • From the Right to a Healthy Planet to the Planetary Right to Health • The Conundrums of the Reasonable Patient Standard In English Medical Law • How Do COVID-19 Vaccine Policies Affect the Young Working Class in the Philippines? • Eating in Isolation: A Normative Comparison of Force Feeding and Solitary Confinement • Loneliness—a clinical primer •...

Advance directives across Asia: A comparative sociolegal analysis

This book is the first to consider comprehensively and systematically the law and practice of advance directives across Asia. It will thus be important not only as a reference volume that documents how advance directives are regulated and used throughout Asia, but also as an exploration of the concept of the advance directive itself, in context. By examining how advance directives operate in Asian countries, we will also shed light on the principle of personal autonomy in this context, alongside other values and religious and socio-cultural factors that shape health and care decision-making. As such, this book will have broad appeal not only to Asian scholars, students, policymakers and practitioners in the fields of health law and ethics and end-of-life care more generally, but will also be of wider interest to an international academic audience in the fields of law, ethics and health and social care research. This title is also available as open access on Cambridge Core.

Regulatory governance of AI in medicine in the Greater Bay Area

The main aim of the proposed study is to examine how a participatory and collaborative approach to the regulatory governance of medical devices based on artificial intelligence (AI) or machine learning (ML) should be developed and implemented in Hong Kong SAR, as part of the Guangdong-Hong Kong-Macau Greater Bay Area (GBA). In this connection, it also seeks to explicate what it means to be “participatory” and “collaborative”; these being regulatory principles that have been put forward by the International Medical Device Regulators Forum (IMDRF), and implicit in the “Guangdong-Hong Kong- Macau Greater Bay Area Pharmaceutical and Medical Device Regulatory Innovation and Development Work Plan” (GBA Medical Device Work Plan).

AI/ML-based medical devices are increasingly being incorporated into medical workflows and clinical care pathways. Expected benefits include earlier and more cost-effective interventions, greater diagnostic and prognostic accuracy, better access to care, and more effective cost control. However, ethical and legal challenges that need to be addressed include means to ensure the safety and effectiveness of these devices, improper data appropriation and use, decisional opacity, bias and liability. The three constituent jurisdictions in the GBA currently have different regulatory approaches to govern medical devices, and there is no specific ethical or regulatory guidance on AI/ML-based medical devises. Findings in this study are expected to: (1) Identify obstacles to the uptake of AI/ML-based medical devices in the GBA from the perspectives of the healthcare institutions, healthcare providers and device developers/manufacturers (“key stakeholders”); (2) Indicate the extent that these obstacles are attributable to different ethical, professional, institutional and/or regulatory differences; and (3) Set out possible solutions or responses to these obstacles that are proposed by the key stakeholders.

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