Resources

Resources

Mental Health and Capacity - Reflections and Case Briefings
Category : Mental Health
Date : 18 Apr, 2022

  1. "Mapping the legal foundations of planetary mental health" [Open Access]
    In Global Mental Health - 18 April 2022
    By
    • Associate Prof Eric C. Ip
    • Assistant Prof Daisy Cheung
     
  2. "Control in the community: A qualitative analysis of the experience of persons on conditional discharge in Hong Kong" [Open Access]
    In International Journal of Law and Psychiatry -  31 March 2022
    By Assistant Prof Daisy Cheung 

    This is the first study on the service user perspective of the conditional discharge (CD) regime under section 42B of the Mental Health Ordinance, which is Hong Kong's form of mandatory outpatient treatment (like the community treatment order (CTO) in the UK).
     
  3. Media Interview: "Uncertain whether COVID vaccination is urgent under the Mental Health Ordinance given the lack of definition of urgency"  ("精神健康例無定義「緊急」 學者：打針算否未確定") [In Chinese only]
    In Ming Pao - 26 Mar 2022
    In an interview with Ming Pao, Assistant Prof Daisy Cheung shared her views on whether it would be lawful for a doctor to administer a COVID vaccine to a person lacking mental capacity without consent from the guardian under the Mental Health Ordinance. 
     
  4. "Bringing the Adult Guardianship Regime in Line with the UNCRPD: The Chinese Experience" [Open Access]
    In International Journal of Law, Policy and the Family - 9 July 2021
    By Assistant Prof Daisy Cheung
     
  5. "Claiming Wrongful Diagnosis under the Mental Health Ordinance: The Impossibility of Building a Reasonably Arguable Case"
    In Hong Kong Law Journal – 2020 

    By Urania Chiu (doctoral candidate) and Assistant Prof Daisy Cheung


    Full article accessible on Westlaw [HKU members please log in here]

  6. "COVID-19 Lockdowns: a Public Mental Health Ethics Perspective" [Open Access] 
    In Asian Bioethics Review - 18 Aug 2020

    By
    • Assistant Prof     Daisy Cheung
    •     Associate Prof     Eric C. Ip
    -
  7. English Court of Appeal Decision on Capacity to Decide to Engage in Sexual Relations: A Local Authority v JB [2020] EWCA Civ 735 [CMEL's case briefing]

  8. "Magistrates must improve approach to mental disability in the courtroom" [Open Access]

    English version in Hong Kong Free Press - 22 Jun 2020
    Chinese version in CitizenNews - 25 Jun 2020

    By Assistant Prof     Daisy Cheung

  9. "Global Mental Health Security—Time for Action" [Open Access]
    In JAMA Health Forum - 8 Jun 2020

    By
    •     Assistant Prof     Daisy Cheung
    • Associate Prof     Eric C. Ip
  10. "What are the obligations of the state? A public mental health ethics perspective on the Covid-19 lockdowns" [Open Access]
    In Journal of Medical Ethics (JME) Blog  - 6 May 2020

    By
    • Assistant Prof     Daisy Cheung
    • Associate Prof     Eric C. Ip
  11. "Compulsory Mental Health Treatment and the Way Forward" [Open Access]
    In Hong Kong Lawyer - Apr 2020

    By
    • Assistant Prof     Daisy Cheung
    • Sherlynn G. Chan, Partner of Stevenson Wong & Co, Hong Kong
    -
  12. "Articulating future directions of law reform for compulsory mental health admission and treatment in Hong Kong" [Open Access]

    In International Journal of Law and Psychiatry, January–February 2020
     
    Assistant Prof Daisy Cheung is one of the co-authors

     Building on the work of CMEL’s 2017 mental health conference (please see item 15 below), the article explores the various pathways for law reform in the area of compulsory mental health treatment in Hong Kong.
    -
  13. Media Interview: "Choices for the terminally ill: define clearly who is mentally fit to decide end-of-life treatments, says former Hong Kong minister"
    In South China Morning Post - 13 Oct 2019

    Assistant Prof     Daisy Cheung shared in an interview with South China Morning Post her view on the existing statutory definition of mental incapacity in Hong Kong. 
    -
  14. Media Interview: "Legal scholar calls for reform of the system for compulsory mental health admission for better protection of patients' interests" ("法律學者倡改強制入院制 增保障精神病者") [In Chinese only] 
    In Ming Pao - 4 Sep 2017

    Assistant Prof     Daisy Cheung shared with Ming Pao her view on reform for compulsory mental health admission in Hong Kong. 
    -
  15. "Daisy Cheung Interviewed on Compulsory Mental Health Treatment in Hong Kong" [Open Access]
    On     HKU Legal Scholarship Blog - 4 Sep 2017

    The Centre for Medical Ethics and Law (CMEL) hosted     a conference in 2017 on compulsory mental health treatment in Hong Kong and the way forward.  The conference featured philosophical, human rights, legal and medical perspectives.  The speakers included a judge from the United Kingdom, medical practitioners and academics from the UK, New Zealand, the United States, and Hong Kong.  The conference was organised by Assistant Prof Daisy Cheung, who agreed to be interviewed by HKU Legal Scholarship Blog. 
     
  16. "No effective protection of the rights of mental health patients" ("香港沒有效保障精神病患者權益")[In Chinese only]
    In     Ming Pao - 22 May 2017

    By Assistant Prof     Daisy Cheung 
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